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2025 Supreme(AP) 491

RAVI NATH TILHARI
Indus Hospitals, Visakhapatnam – Appellant
Versus
Rajeev Lochan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suresh Kumar rep. (Ms.) Ramani Annam
For the Respondent: Rajeev Lochan Singh

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - The period of limitation for filing revision petitions under Section 58(1)(b) of the Consumer Protection Act, 2019 is 90 days from receipt of the certified copy of the order, and regulation 14(1)(i) governs this (!) (!) . - Condonation of delay requires a sufficient cause; length of delay is not the sole determinant, and the Court must apply limitation statutes strictly while allowing a liberal, justice-oriented assessment of sufficient cause within the prescribed period (!) (!) (!) (!) (!) . - The starting point for limitation is the date of receipt of the copy of the order, not the date of the order itself; in this case, receipt was 09.07.2022, making the revision petitions time-barred by 20 and 30 days respectively (!) (!) . - Mere misplacement or negligence by an advocate does not automatically establish a sufficient cause; the litigant must demonstrate vigilance regarding rights and provide credible particulars about the cause (!) (!) . - The High Court upheld the National Commission’s dismissal of the condonation applications and the revision petitions as barred by limitation, reaffirming that public policy requires finality in litigation and that substantial justice cannot override statutory limitation in the absence of a proven sufficient cause (!) (!) (!) . - The judgment reiterates that the law of limitation, including Basawaraj and Pathapati Subba Reddy principles, requires a careful, principled assessment of sufficient cause and disfavors mere technical defects or clerical errors in applications for condonation (!) (!) (!) (!) . - The petition under Article 227 challenging the National Commission’s order is dismissed; the National Commission’s order is not interfered with, and no costs are awarded (!) . - The Delhi High Court CM (M) judgments and subsequent SC principles cited emphasize vigilance, finality, and the strict application of limitation with a liberal approach to sufficient cause only when convincingly shown (!) (!) . - The case clarifies that the absence of explicit days of delay in IA filings does not by itself negate a condonation application if the delay period is otherwise explained and within the last-day requirement of Section 5 of the Limitation Act (!) (!) . - The decision cites multiple precedents on how to evaluate "sufficient cause," including whether delay is due to advocate misplacement vs. litigant diligence and the need to enforce strict adherence to statutory timelines (!) (!) (!) (!) (!) .

Question 1?

Question 2?

Question 3?


JUDGMENT :

1. Heard Sri Suresh Kumar, learned Counsel representing Ms. Ramani Annam, learned Counsel for the petitioner and Sri Rajeev Lochan Singh, the respondent (party-in-person).

2. This revision petition under Article 227 of the Constitution of India has been filed by the petitioner M/s. Indus Hospitals, represented by its Chairman at Visakhapatnam challenging the order dated 20.09.2023, passed in RP No.1380 of 2022, by the National Consumer Disputes Redressal Commission, New Delhi (in short, the National Commission).

3. The respondent herein Sri Rajeev Lochan Singh filed a Consumer Complaint No.102 of 2014 against the opposite parties 1 and 2 i.e., (1) M/s. Indus Hospitals, represented by its Chairman and (2) Dr. Jaya Sai Sehkhar B., Consultant Urologist before the District Consumers Forum-II, Visakhapatnam (in short, District Forum) seeking the reliefs to direct them to pay an amount of Rs.18,00,000/- alongwith compensation of Rs.50,000/- towards damages and costs for legal expenses towards the alleged medical negligence and deficiency in service in performing the surgery of removing the stones. The opposite parties 1 and 2 in the consumer complaint filed their counter and inte

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