The court condoned the delay in filing an appeal, emphasizing the need for justice and allowing the NCDRC to decide the case on its merits.

ORDER :

1. Leave granted.

2. The impugned order is the order dated 23.01.2024 passed by the National Consumer Disputes Redressal Commission (for short ‘NCDRC’) in First Appeal No. 51 of 2023, whereby the NCDRC has dismissed the appeal, as there was delay of about 288 days which had occurred in filing the appeal, at the instance of the appellant, against the order passed by the Karnataka State Commission.

3. It is submitted by the learned counsel for the appellant that the very order passed by the State Commission was without jurisdiction as the respondents could not be considered as ‘Consumers’ within the meaning of Section 2(7) of the Consumer Protection Act, 2019. It is further submitted that the appellant is ready to pay a cost if the matter is remanded to the NCDRC for deciding the appeal on merits.

4. However, learned counsel for the respondents has submitted relying upon the impugned decision of NCDRC that there was no sufficient cause made out by the appellant to condone the delay and this Court may not interfere with the just and legal order passed by the NCDRC.

5. Having regard to the submissions made by the learned counsel for the parties and to the issues involved in the appeal, we are of the considered opinion that the delay occurred in filing the appeal before the NCDRC is required to be condoned in the interest of justice.

6. In that view of the matter, the impugned order passed by the NCDRC is set aside and the matter is remitted to the NCDRC for deciding the Appeal on merits, subject to the payment of cost of Rs.50,000 (Rupees fifty thousand) to be paid by the Appellant to the respondents within a period of four weeks.

7. The appeal is allowed in above-terms.

8. It is clarified that we have not made any observation(s) touching the merits of the case and the NCDRC is directed to decide the appeal on merits and in accordance with law, as expeditiously as possible.

9. Pending application(s), if any, shall stand disposed of.