Adv. Sulaiman Bhimani of The Law Suits represents 14 complainants; Commission reiterates no condonation beyond statutory timeline
Mumbai, April 29, 2026:
In a significant ruling reinforcing the strict procedural framework under consumer law, the District Consumer Disputes Redressal Commission, Mumbai (Suburban), has rejected a builder’s application seeking condonation of delay in filing a written statement. The Commission held that the statutory limit of 45 days under the Consumer Protection Act, 2019 is mandatory and cannot be extended under any circumstances.
The matter assumes importance as Adv. Sulaiman Bhimani, Founder and Managing Partner of The Law Suits—one of the best law firms in Mumbai, India—represented 14 complainants, firmly opposing the builder’s attempt to reopen proceedings after failing to comply with the statutory timeline.
Background of the Case
The case arose out of consumer complaints filed against Uday Sampat, Proprietor of Dhwani Properties, alleging deficiency in service. The Opposite Party filed an application seeking condonation of a delay of approximately 89 days in filing the written statement and also prayed for recall of the earlier order dated 24 January 2025, which recorded “No Written Statement” and directed the matter to proceed further.
In the application, the Opposite Party attempted to justify the delay by citing alleged non-service of documents, personal circumstances, and procedural misunderstandings.
However, the complainants, through Adv. Sulaiman Bhimani, strongly opposed the plea, pointing out that the Opposite Party had admittedly received the notice and complaint on 26 October 2024 but failed to act within the legally prescribed period. The written statement was eventually filed only on 24 January 2025, well beyond the statutory limit.
Also Read – Delhi Consumer Court Directs Fujitsu General To Refund ₹1.14 Lakh For Defective AC; Awards ₹25k Compensation
https://www.livelaw.in/consumer-cases/airline-liable-for-not-informing-preponed-flight-chandigarh-state-commission-enhances-compensation-to-50000-532301
Key Legal Issue
The core issue before the Commission was whether a Consumer Forum has the power to condone delay beyond the statutory period of 45 days for filing a written statement under Section 38(2)(a) of the Consumer Protection Act, 2019.
Findings of the Commission
After hearing both parties, the Commission observed that the Opposite Party was duly served with the complaint and had sufficient opportunity to file its written statement within the prescribed timeline. Despite this, the filing was made beyond the maximum permissible period.
Relying on the binding judgment of the Hon’ble Supreme Court in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020), the Commission reiterated that Consumer Fora do not have the power to condone delay beyond 45 days.
The Commission clearly held:
“This Commission has no power to condone the delay caused in filing the written statement by the Opposite Party.”
Order Passed
The Commission rejected the application for condonation of delay and refused to recall the earlier order dated 24 January 2025. As a result, the Opposite Party has lost its right to file a written statement, and the matter will proceed further on merits.
Also read Unregistered Family Settlement vs. Registered Gift Deeds: A Landmark Mumbai Arbitral Award
Legal Significance
This judgment reinforces the strict nature of timelines under the Consumer Protection Act, 2019, which mandates that a written statement must be filed within 30 days, extendable by a maximum of 15 days, with no further extension permitted.
The ruling sends a strong message to builders, developers, and opposite parties in consumer disputes that procedural delays will not be condoned and that failure to act within statutory timelines can result in serious legal consequences, including forfeiture of the right to defend.
The case also highlights the importance of experienced legal representation, with The Law Suits—one of the best law firms in Mumbai, India—successfully advocating for consumer rights and ensuring strict compliance with procedural law.
Conclusion
The Mumbai Consumer Commission’s decision strengthens the objective of speedy justice under consumer law and prevents misuse of procedural delays. With Adv. Sulaiman Bhimani leading representation for 14 complainants, the ruling stands as a strong precedent reaffirming that statutory timelines are sacrosanct and must be strictly followed.
Contact The Law Suits
The Law Suits
413, Golden Chambers, Opp Tanishq Showroom
Next to Lower Oshiwara Metro Station, Landmark CitiMall
Andheri Link Road, Andheri West
Mumbai – 400053
Phone: +91 8928 372392
Email: adv.Bhimani@gmail.com