Applications To Condone Delay In Filing Version In Consumer Cases Pending On 04.03.2020 Not Impacted By CB Judgment : SC Clarifies

Settling a conflict between two division bench judgments, a 3-judge bench of the Supreme Court on Tuesday clarified that the applications to condone the delay of more than 45 days in filing the version of the opposite party in consumer cases, which were pending as of March 4, 2020, will not be impacted by the ruling of the Constitution Bench judgment in the case New India Assurance. Settling a conflict between two division bench judgments, a 3-judge bench of the Supreme Court on Tuesday clarified that the applications to condone the delay of more than 45 days in filing the version of the opposite party in consumer cases, which were pending as of March 4, 2020, will not be impacted by the ruling of the Constitution Bench judgment in the case New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, which had held that Consumer Forum cannot condone the delay of more than 45 days in filing the version of the opposite party. In Daddy Builders, a two-judge bench comprising Justice DY Chandrachud and MR Shah held that the delay condonation applications which were pending as on March 4, 2020, will be impacted by the Constitution Bench judgment. According to Daddy Builders, the prospective application of the Constitution Bench judgment will only save delay condonation applications that were already decided before the date of the said judgment.