NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
AVM J. Rajendra, AVSM VSM (Retd.),
Presiding Member
Aptech Ltd. Through Its
Company Secretary – Petitioner
versus
Prem Lata Bansal and Ors. – Respondents
Revision Petition Nos.973 and 974 of 2020
Decided on 15.3.2024
Consumer Protection Act, 1986 – Section 21(b) [Consumer Protection Act, 2019 – Section 58(1)(b)] – Practice and Procedure – Condonation of Delay – Sufficing Cause if made out – There is no justification for such undue delay while facts of the case are otherwise already known to the Petitioner. The reasons explained do not reflect that the Petitioner has taken actions necessary under law in time – Therefore, the prayer in Application seeking Condonation of Delay cannot be granted and accordingly as the grounds advanced do not justify the unduly long delay. [Paras 5 to 13].
Result: Appeal dismissed.
ORDER
As per the records of the Registry, there is 413 days delay in filing these Revision Petitions. The Petitioner filed IA Nos.6424 of 2020 and 6439 of 2020 respectively seeking condonation of delay. In the said IAs, the Petitioner has stated that the Revision Petitions have been filed against the order of the Delhi State Commission dated 07.06.2019 in FA Nos. 298 of 2014 and 299 of 2014 with a delay of 210 days. The Petitioner contends that the filing of the present Revision Petitions incurred a delay attributable to the subsequent misplacement of the free copy of the order dated 07.06.2019, necessitating its retrieval for submission to the Legal Department for the purpose of initiating an Appeal / Revision Petition against the order of the learned State Commission. Subsequently, the Petitioner sought the engagement of local counsel in Delhi for filing of these Revision Petitions before this Commission, and the entire case files forwarded to the said counsel in December 2019. However, the office of the local counsel was closed due to winter vacation, delaying the procurement of certified copies until January 2020. Thereafter, the local counsel commenced drafting of these Revision Petitions in March 2020, which remained incomplete due to the COVID-19 pandemic, as it induced nationwide lockdown, resulting in the counsel office re-opening only in mid July 2020. The Petitioner diligently attempted to obtain a certified copy of the order from their office, but this endeavour spilled over into March 2020, coinciding with the lockdown declaration and consequent closure of various Courts, Tribunals, and Consumer Complaint Redressal Forums. As a result, advocates and clerks were barred from appearing before these entities, impeding access to necessary documentation. Consequently, the petitioner faced significant challenges in collecting and drafting the Revision Petitions and, therefore, as per him there is a delay of 193 days in filing these Revision Petitions. The petitioner emphasizes that the delay was neither intentional nor deliberate, but rather a consequence of circumstances detailed in the applications seeking condonation of delay and also due to the COVID-19 pandemic, which is beyond the petitioner’s control. Moreover, the petitioner asserts that the balance of convenience favours their position and he has strong cases on merits and there is a great likelihood in succeeding in the present proceedings. The Petitioner also stated that he would suffer irreparable loss and injury which cannot be compensated in terms of money, if the present applications are not allowed. He, therefore, seeks the delay be condoned in both the cases.
2. As regards period of limitation for filing of a Revision Petition, Regulation 14 of the CP (Consumer Commission Procedure) Regulations, 2020 inter alia stipulates that:—
“Subject to the provisions of sections 40, 41, 50, 51, 60, 67 and 69, the period of limitation in the following matters shall be as follows:-
i. Revision Petition shall be filed within ninety days from the date of receipt of certified copy of the order...”
3. In the present Revision Petitions, the learned State Commission passed the Impugned Order on 07.06.2019. The limitation for filing of these Revision Petitions before this Commission is 90 days. However, the period of limitation for filing these Revision Petitions would commence from the date of receipt of the impugned Order by the Petitioner i.e. 17.06.2019, while the limitation lapsed on 14.09.2019. However, the present Revision Petition was filed on 01.11.2020. Therefore, there is a delay of 413 days (15.09.2019 to 31.10.2020) in filing of these present Revision Petitions.
4. As regards scope for Condonation of delay in filing an Appeal / Revision Petition, the Hon’ble Supreme Court in “Ram Lal and Ors. Vs. Rewa Coalfields Ltd, AIR 1962 Supreme Court 361”, has observed:
“It is, however, necessary to emphasize that even after sufficient cause has been shown a party is
‘Sufficient Cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part & applicant must satisfy that he was prevented by any “sufficient caus....
(1) Each day’s delay - The petitioner failed to explain or show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertai....
“Sufficient Cause”- ‘sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and that the applicant must satisfy that he was pr....
(1) Protracted delay - The petitioner failed to show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertains to the d....
1. Limitation - Limitation has to be applied with all its rigour when the statute so prescribes, though it may harshly affect a particular party. 2. Condonation of delay - Condonation of delay is not....
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
(1) Where case has been presented in court beyond limitation, applicant has to explain the court as to what was the “sufficient cause” which prevented him to approach court within limitation.(2) When....
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