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SUBHASH VIDYARTHI
Imperia Structures Ltd. Thru. Authorised Representative Mr. Purushottam Tiwari – Appellant
Versus
Ankur Sharma – Respondent
JUDGMENT :
Hon’ble Subhash Vidyarthi J.
1. Heard Sri Rishi Kapoor, the learned counsel for the petitioner, Sri Sanjay Kumar Srivastava, the learned counsel for the opposite parties no.1 and 2 and perused the records.
2. The opposite parties no.3 to 7 have been impleaded as proforma opposite parties and, therefore, there is no need to issue notice to them.
3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 30.04.2024, passed by the National Consumer Disputes Redressal Commission, New Delhi in First Appeal No. 244 of 2024 whereby an application for condonation of delay of 558 days in filing the appeal has been rejected, and consequently the Appeal has also been dismissed.
4. The learned counsel for the opposite parties no.1 and 2 has raised the following preliminary objections, namely: -
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
The High Court under Article 227 reviews lower tribunal orders focusing on merits and procedural propriety, ensuring sufficient grounds are presented for delay condonation in revisions.
(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....
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) 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....
Delay of 347 days in filing appeals cannot be condoned.
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