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2022 Supreme(SC) 1222

HEMANT GUPTA, V. RAMASUBRAMANIAN
Manager, Indusind Bank Ltd. – Appellant
Versus
Sanjay Ghosh – Respondent


ORDER

Leave granted.

2. The challenge in the present appeal is to an order passed by National Consumer Disputes Redressal Commission (NCDRC) on 09.05.2019, whereby delay of 67 days in filing the revision before it, was not condoned.

3. None has put in appearance on behalf of the respondent, although notice was served upon the respondent.

4. After hearing the learned counsel for the appellants, we find that delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act, 1985. The question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice.

5. In view of the said fact, the appeal is allowed. The order passed by the NCDRC is set aside. The delay in filing the revision is condoned. The matter is remitted back to the NCDRC for decision on merits.

Pending interlocutory application(s), if any, is/are disposed of.


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