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SUBRAMONIUM PRASAD
Dell International Services India Private Limited – Appellant
Versus
Adeel Feroze – Respondent
JUDGMENT
Petitioner has approached this Court under Article 226 and 227 of the Constitution of India challenging the Order dated 12.12.2023, passed by the Delhi State Consumer Dispute Redressal Commission (hereinafter referred to as the State Commission ) in Revision Petition No.51/2023 by which the State Commission has upheld the Order dated 04.07.2023, passed by the Consumer Dispute Redressal Commission (hereinafter referred to as the District Commission) in Complaint Case No.113/2022, which was filed by the Respondent No.1 herein against the Petitioner herein. Vide Order dated 04.07.2023, the District Commission has refused to take on record the written statement filed by the Petitioner herein on the ground that the same was filed beyond the period of limitation.
2. Considering the fact that the Consumer Forums are Tribunals which are vested with the powers to determine conclusively the rights of two or more contending parties with regard to any matter in controversy between them and being a purely judicial Tribunal and the matter arising out of revisional jurisdiction of the State Consumer Redressal Commission which would attract the power of superintendence under Article 227,
WhatsApp conversations cannot be read as evidence without there being proper certificate as mandated under Evidence Act, 1872.
Mandatory timelines under the Consumer Protection Act for filing responses are rigid, and courts cannot extend them beyond stipulated periods.
Writ jurisdiction under Article 226 cannot be invoked where effective alternative remedies exist, especially in consumer disputes; exceptions are limited and clearly defined.
Revisional Jurisdiction - finding of facts recorded by the State Commission in Appeal, cannot be interfered with in exercise of Revisional Jurisdiction unless the said finding has been recorded by mi....
Condonation of delay by imposition of costs justified.
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....
The National Consumer Dispute Redressal Commission exceeded its jurisdiction by condoning delay in filing written version beyond the statutory period, which is mandatory under the Consumer Protection....
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