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INDER JIT SINGH
Oriental Insurance Co. Ltd. – Appellant
Versus
Sew Infrastructure Limited – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under Section 58(1)(B) of Consumer Protection Act, 2019, against the orders dated 08.04.2024 of the State Consumer Disputes Redressal Commission, Telangana (hereinafter referred to as the ‘State Commission’), in F.A.I.A. No. 2130 of 2023 in FA No.831/2023 and in FA/831/2023 in which order dated 23.02.2023 of District Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as District Commission) in Consumer Complaint (CC) No.323/2020 was challenged, inter alia praying for setting aside the order passed by the State Commission.
2. While the Revision Petitioner (hereinafter also referred to as OP/Insurance Company was Appellant before the State Commission and OP before the District Commission and the Respondent (hereinafter also referred to as Complainant) was Respondent before the State Commission and Complainant before the District Commission.
3. Notice was not yet issued, learned Counsel for the Respondent/Caveator appeared on the first date of hearing i.e. on 18.06.2024. Learned Counsel for the Respondent stated that they having filed the caveat, take
Limitation – Condonation of delay – Term “sufficient cause” u/Section 5 of Limitation Act should be liberally construed promote substantial justice, when delays are not due to dilatory tactics, bad f....
Delay of 347 days in filing appeals cannot be condoned.
(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 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) Condonation of delay – To condone such delay in filing the Revision Petition, the Petitioner needs to satisfy this Commission that there was sufficient cause for preferring the Revision Petition ....
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....
The court emphasized that in applications for condoning delay, sufficient cause must be clearly demonstrated; mere boilerplate explanations are insufficient.
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
Delay cannot be condoned without sufficient cause; litigants must demonstrate vigilance and accountability regarding timely legal action.
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