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SANGITA DHINGRA SEHGAL, PINKI
Indian Railways – Appellant
Versus
Lalita Devi – Respondent
JUDGMENT
Pinki, Member (Judicial).—The present appeal has been filed on 15.07.2024 challenging the impugned order dated 03.02.2023 passed in Complaint Case No.117/2018 by the District Consumer Disputes Redressal Commission-IX (East District), Convenient Shopping Centre, Saini Enclave, Delhi-110092 wherein the complaint was allowed.
2. This order will dispose off an application bearing IA No.1981/2024 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of Mr. Rahul Yadav, Authorized Officer of the appellant has been filed along with this application.
3. Record has been carefully and thoroughly perused.
4. The application has been moved under Section 5 of Indian 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.117/2018.
5. A bare perusal of the application reflects that it has been preferred under Section 5 of Indian 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 applicat
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....
(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 was....
(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....
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
Appeal – Limitation – Law of limitation has to be applied with all its rigour and Courts have no power to extend period of limitation on equitable grounds.
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.
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