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SANGITA DHINGRA SEHGAL, PINKI
Cholamandalam Ms General Insurance Company Ltd. – Appellant
Versus
Aliyas – Respondent
JUDGMENT
Pinki, Member (Judicial).—The present appeal has been filed on 15.07.2022 challenging the impugned order dated 25.04.2022 passed in Complaint Case No.271/2015 by the District Consumer Disputes Redressal Commission- VIII (Central), 5th Floor, ISBT Building, Kashmere Gate, Delhi-110006 wherein the complaint was allowed.
2. This order will dispose off an application bearing IA No.651/2024 seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of Mr. Sujeet Kumar Sahu, Deputy Manager (Legal Claims) with the appellants 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 the Limitation Act read with Section 41 of the Consumer Protection Act, 2019. However, it is being considered under Section 15 of the Consumer Protection Act, 1986 as it is arising out of Complaint Case No.271/2015.
5. A bare perusal of the application reflects that it has been preferred under Section 5 of the Limitation Act read with Section 41 of the Consumer Protection Act, 2019. However, the entire proceedings of the present case took place according to the Old Act. Hence, befor
(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....
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....
Condonation of delay not a matter of right.
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.
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
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