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Supreme Court of India 2021-12-14 dismissed

Diamond Exports & Anr vs United India Insurance Company Limited & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

Diamond Exports filed a consumer complaint against United India Insurance Company over alleged fire damage to its factory. The insurance company filed its written statement 100 days late and sought condonation of delay. The NCDRC approved this, but a Constitution Bench had recently held (with prospective effect) that delays beyond 45 days cannot be condoned. The Supreme Court dismissed Diamond Exports' appeal, holding that since the NCDRC's condonation order was passed before the Constitution Bench judgment took effect (4 March 2020), it should be considered under the then-prevailing law. The earlier decision preserved applicants' rights to have delay applications decided on merits.

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Consumer Protection Limitation and Condonation of Delay Procedure and Evidence National Consumer Disputes Redressal Commission (NCDRC) Statutory Interpretation Prospective Operation of Judgments

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