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SUPREME COURT OF INDIA
HEMANT GUPTA, V. RAMASUBRAMANIAN, JJ.
Manager, Indusind Bank Ltd. & Anr. – Appellants
Versus
Sanjay Ghosh – Respondent
Civil Appeal Nos. 4104 of 2022 [Arising out of SLP (C) No. 6489 of 2022]
Decided On : 17-05-2022
Consumer Protection Act, 1986 – Section 21 – Delay of 67 days in filing revision petition–Question of limitation is not to be examined with a view to decline condonation, but to do substantial justice–Delay in filing revision was not huge that should not have been condoned under Consumer Protection Act, 1986–Delay in filing revision condoned and matter remitted back to NCDRC for decision on merits. (Paras 3 and 4)
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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