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J. RAJENDRA
Bhupinder Pal Mahajan VPO Ratti – Appellant
Versus
New India Assurance Company Ltd. – Respondent
ORDER
The present Revision Petition has been filed under Section 58 (1) (b) of the Consumer Protection Act, 2019 (the ‘Act’) against impugned order dated 18.09.2023, passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (the ‘State Commission’) in First Appeal No.A/70/2022 whereby the State Commission dismissed the Appeal being barred by limitation.
2. The learned Counsel for the Petitioner/Complainant contended that the delay in filing the First Appeal was neither intentional nor deliberate. The learned State Commission ought to have condoned the marginal delay in filing the Appeal and decided the matter on merits. He contended that the petitioner has a very strong case on merit and therefore, sought to allow the present Revision Petition and the impugned order passed by the State Commission be set aside. The Petitioner relied upon the following judgments:
i. Shakuntala Devi Jain vs. Kuntal Kumari and Ors., 1968 SCC OnLine SC 139;
ii . The State of West Bengal vs. The Administrator, Howrah Municipality and Ors., (1972) I Supreme Court Cases 366;
iii. Dharmendra Goel vs. Oriental Insurance Company Ltd., (2008) 8 Supreme Court Cases 279;
iv. Sant Lal Gupta & Ors. V
(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....
(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 ....
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....
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) Settled proposition of law that when an Appeal/ Revision Petition/Complaint is barred by limitation and filed much beyond the period of limitation, forum or commission shall not give its findings....
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....
(1) Condonation of Delay – According to State Commission, the appellant has miserably failed to give any acceptable and cogent sufficient reasons to condone such delay.(2) Prescribed period – The app....
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....
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