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Supreme Court of India 2021-12-14

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

Bench: 3 — Dhananjaya Y Chandrachud, Surya Kant, Vikram Nath

In Brief

A three-judge bench considered whether the National Consumer Disputes Redressal Commission (NCDRC) could condone a 100-day delay in filing a written statement in an insurance claim dispute, prior to a Constitution Bench judgment establishing that delays beyond 45 days (30 days plus a 15-day discretionary extension) cannot be condonable. The Court held that since the NCDRC's condonation order was passed before the Constitution Bench judgment and that judgment was made prospectively effective, the NCDRC's earlier discretionary decision on merits was not disturbed. Applications for condonation filed or decided before 4 March 2020 retain the benefit of earlier precedent permitting such discretion on merits. The appeal was disposed of as no interference was warranted.

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Consumer Protection Civil Procedure Limitation Periods Discretion to Condone Delay Prospective Effect of Judgments Constitutional Benches

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