State Consumer Disputes Redressal Commission
M/S Geeta Footwear vs The New India Assurance Co. Ltd. on 15 December, 2025
FA/487/2023 M/S GEETA FOOTWEAR VS. THE NEW INDIA ASSURANCE CO. LTD. D.O.D.: 15.12.2025
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL
COMMISSION
Date of Institution: 18.09.2023
Date of Hearing: 26.11.2025
Date of Decision: 15.12.2025
FIRST APPEAL NO. -487/2023
IN THE MATTER OF
M/S GEETA FOOTWEAR,
THROUGH ITS AUTHORIZED PERSON,
S/O PREM SINGH KHATIK,
R/O B-632, JJ COLONY,
BAKKAR WALA, WEST DELHI
DELHI-110041.
(Through: Mr. Rohit Yadav, Advocate)
...Appellant
VERSUS
THE NEW INDIA ASSURANCE CO. LTD.
(THROUGH ITS DIRECTORS,
HAVING ITS REGISTERED OFFICE AT:
87, MG ROAD, FORT MUMBAI
MAHARASTRA-400001
(Through: Mr. Rajnesh Kumar, Advocate)
...Respondent
CORAM:
DISMISSED PAGE 1 OF 5
FA/487/2023 M/S GEETA FOOTWEAR VS. THE NEW INDIA ASSURANCE CO. LTD. D.O.D.: 15.12.2025
HON'BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)
HON'BLE MS. BIMLA KUMARI, MEMBER (FEMALE)
Present: Mr. Rohit Yadav and Mr. Sharad Agnihotri, counsel for the
Appellant.
Mr. Rajnesh Kumar, counsel for the Respondent appeared
through VC.
PER: HON'BLE JUSTICE SANGITA DHINGRA SEHGAL,
PRESIDENT
JUDGMENT
1. The Appellant has preferred the present Appeal under Section 41 of the Consumer Protection Act, 2019 to set aside the impugned order dated 25.07.2023 passed by the District Consumer Disputes Redressal Commission-III, (District - West), Janakpuri, Delhi in Complaint Case no. 507/2022 filed by Appellant/Complainant against the Respondent/Opposite Party. The impugned order dated 25.07.2023 states as follows:
"In pursuance of order dated 20/02/23 and 27/04/2023 respectively OP appeared & filed his Vakalatnama. C states that he served notice alongwith the complete paper book of complaint but he has no proof. Hence OP file reply within 45 days starts from today with advance copy to C. C has liberty to file rejoinder if any on NDOH on 7/11/2023.
2. Aggrieved by the aforesaid order of the District Commission, the Appellant has preferred the present Appeal contending that the District Commission has failed to consider that the Respondent had duly received the notice and the copy of complaint on 27.04.2023. The Appellant further submitted that the District Commission erred in acknowledging that the time period for filing the written statement before the District Commission DISMISSED PAGE 2 OF 5 FA/487/2023 M/S GEETA FOOTWEAR VS. THE NEW INDIA ASSURANCE CO. LTD. D.O.D.: 15.12.2025 closed on 11.06.2023 and the District Commission erroneously granted additional 45 days to file reply to the Complaint after the expiry of the statutory period and in contravention to Section 38(3)(a) of Consumer Protection Act, 2019. Pressing the aforesaid submissions, the Appellant prayed for setting aside the impugned order of the District Commission.
3. The Respondent has filed his reply, denying all the contentions and submissions of the Appellant and submitted that there is no error in the impugned order as the counsel for the Respondent appeared first time before the District Commission on 27.07.2023 and received the copy of complaint after filing his vakalatnama and the written statement before the District Commission was filed on 06.09.2023 i.e. within the stipulated period of 45 days from the date of receiving of the copy of complaint. Pressing the aforesaid, the counsel for the Respondent prayed for the dismissal of the present Appeal.
4. Written Submissions has been filed by the Appellant wherein the contents of the Appeal have been reiterated and the same have been considered.
5. Written Arguments has been filed by the Respondent wherein the contents of Reply to the Appeal have been reiterated and the same have been considered.
6. We have perused the material available on record and heard the counsel appearing on behalf of the Appellant and the Respondent.
7. The main question before us is whether the impugned order dated 25.07.2023 passed by the District Commission suffers any infirmity.
8. To resolve this issue, we primarily deem it appropriate to refer to the Section 38(2)(a) of the Consumer Protection Act, 2019 which provides as under:
DISMISSED PAGE 3 OF 5 FA/487/2023 M/S GEETA FOOTWEAR VS. THE NEW INDIA ASSURANCE CO. LTD. D.O.D.: 15.12.2025
"Section 38(2): Where the complaint relates to any goods, the District Commission shall,-
(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it;"
9. A perusal of the above statutory provision reflects that the written statement is to be filed by the Respondent/Opposite Party within thirty days or such extended period not exceeding fifteen days as may be granted by the Consumer Commission.
10. On perusal of the record, we find that the District Commission vide order dated 25.07.2023 acknowledges that the copy of the complaint was not received by the Respondent/Opposite Party along with the notice which was served upon him on 27.04.2023. Moreover, the Appellant failed to show any evidence in order to prove that the copy of the complaint was served upon him at the time of serving of notice. Therefore, on the said date, the copy of the complaint was handed over to the Respondent and was directed to file the written statement within the stipulated period starting from the said date i.e. 25.07.2023.
11. Further, we find that the Appellant is relying upon the notice which was send by the District Commission wherein it was mentioned that the copy of the complaint is enclosed, however, no proof has been submitted by the Appellant during the course of proceedings. Therefore, no presumption can be raised in this regard. Further, we find that in the interest of justice, the Respondent vide order dated 25.07.2023, was directed by the District Commission to file the written statement and the same was admittedly filed by the Respondent on 06.09.2023. i.e. within the extended period after the expiration of stipulated period of limitation.
DISMISSED PAGE 4 OF 5 FA/487/2023 M/S GEETA FOOTWEAR VS. THE NEW INDIA ASSURANCE CO. LTD. D.O.D.: 15.12.2025
12. In view of the foregoing, we are in agreement with the reasons given by the District Commission and fail to find any cause or reason to reverse the findings of the District Commission. Consequently, we uphold the Judgment dated 25.07.2023 passed by the District Consumer Disputes Redressal Commission-III, (West), C-150-151, Community Centre, Janakpuri, New Delhi-110058.
13. Consequently, the present Appeal stands dismissed with no order as to costs.
14. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
15. The Judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
16. File be consigned to record room along with a copy of this Judgment.
(JUSTICE SANGITA DHINGRA SEHGAL) PRESIDENT (BIMLA KUMARI) MEMBER (FEMALE) Pronounced On: 15.12.2025 LR-AJ DISMISSED PAGE 5 OF 5