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PINKI, J. P. AGRAWAL
Ravi – Appellant
Versus
Sargam India Electronics Pvt. Ltd. – Respondent
JUDGMENT
Pinki, Member (Judicial).—The present appeal has been filed on 07.05.2024 challenging the impugned order dated 14.07.2023 passed in Complaint Case No.292/2019 by the District Consumer Disputes Redressal Commission-III (West District), C-150-151, Community Centre, Janakpuri, Delhi-110058 wherein the complaint was dismissed in default for non-appearance, non-prosecution.
2. This order will dispose off an application bearing IA No.1380/2024 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of the appellant has been filed along with this application.
3. Record has been carefully and thoroughly perused.
4. The application has been moved Section 5 of the Limitation Act, 1963. However, it is being considered under Section 15 of the Consumer Protection Act, 1986 as it is arising out of Complaint Case No.292/2019.
5. A bare perusal of the application reflects that it has been preferred under Section 5 of the Limitation Act, 1963. However, the entire proceedings of the present case took place according to the Old Act. Hence, before delving into the merits of the present application, it is imperative to ascertain whether the present application
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 the applicant must satisfy the Court that he was....
(1) Repeal of law – The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed....
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 the applicant must satisfy the Court that he wa....
State Commission – The appellant is a duly constituted legal entity and is not an individual consumer which had contested the matter for nearly 8 years before the State Commission.
(1) Delay - The delay of each and every day has to be explained.(2) Due Diligence - The basic test to determine whether the delay is reasonable or whether the party has been acting with due diligence....
Appeal – Limitation – Object of expeditious adjudication of consumer disputes will get defeated if Court was to entertain highly belated petitions filed against orders of Consumer Fora.
Condonation of delay not a matter of right.
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