IMPORTANT POINT
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.

ORDER

Dr. Monika Malik, Presiding Member—Heard learned counsel for the parties on IA-1, application for condonation of delay in filing appeal.

2. This appeal by the opposite party no.1/appellant arises out of the order dated 17.07.2019 passed by the District Consumer Disputes Redressal Commission, Indore-2 (For short ‘District Commission’) in C.C.No.11/2017 whereby the District Commission has allowed the complaint filed by the complainant/respondent no.1 directing the opposite parties, the appellant and respondent no.2 to give possession of flat no.110 situated in Navratan Life Space to the complainant/respondent no.1 within a period of 6 months. The opposite parties are further directed to pay Rs.1,43,408/- to the complainant within a period of two months. Compensation of Rs.20,000/- with costs of Rs.2,000/- is also awarded.

3. As per office report, this appeal is barred by 1 year 5 months and 13 days. In IA-1, the undated application for condonation of delay, the reasons stated are that during the pendency of the complaint, the appellant’s father Dharampal Tekchandani was kidnapped. Thereafter his father was arrested by the Umaria Police on account of fraud/criminal cases filed against him. In the execution case before the District Commission, the appellant appeared through his counsel on 25.02.2020 but he could not get any information about the original order. Thereafter, lock down was imposed due to Covid-19 pandemic in March-2020. On 26.2.2021, appellant appeared through his counsel before the District Commission and had applied for certified copy of the impugned order. Then he filed a review application before the District Commission which was decided on 30.11.2022, and it came in his knowledge on 13.1.2023. The appellant then applied for certified copy of the impugned order dated 17.7.2019 on 16.1.2023 and he received copy on 17.1.2023. Subsequently, the pre-deposit was made on 23.1.2023 and file was sent to the counsel at Bhopal on 24.1.2023, which was received by the counsel on 27.1.2023, who filed the appeal on 29.1.2023.

4. Learned counsel for the appellant submitted that there was no malafide intention in filing the appeal belated. The appellant has clearly explained reasons for the delay caused in the application for condonation of delay. He argued that the period from 15.03.2020 to 28.02.2022 was excluded by the Hon’ble Supreme Court due to Covid-19 pandemic. He thus argued that the delay occured due to reasons which are stated in detail in the application for condonation of delay and the delay is bonafide. He prayed for allowing the application for condonation of delay.

5. Learned counsel for the respondent/complainant argued that there is inordinate delay in filing the present appeal. He argued that the appeal against the impugned order dated 17.07.2019 has been filed on 30.01.2023. Even if the time period of Covid-19 pendemic is exempted, the appeal is barred by limitation. He therefore prayed for dismissing the appeal on the ground of limitation.

6. Having heard learned counsel for the parties and on going through the reasons stated in the application for condonation of delay I find that no sufficient grounds are stated in the said application. This appeal has been filed under Section 41 of the Consumer Protection Act, 2019 which came in force w.e.f. 20th July, 2020. This appeal against the order dated 17.7.2019 ought to have been filed till 16.8.2019 i.e. within 30 days as per Section 15 of the Consumer Protection Act, 1986.

7. Section 41 of the Consumer Protection Act, 2019 came in force w.e.f. 20th July, 2020, wherein it has been mentioned that in case any party is aggrieved by the order passed by the District Commission, the appeal can be filed against the said order in the State Commission within a period of 45 days from the date of order. Further it has been mentioned that the State Commission may entertain an appeal after expiry of period of 45 days, if it is satisfied that there was sufficient cause f