IN THE NATIONAL CONSUM ER DISPUTES REDRESSAL COM MISSION NEW DELHI REVISION PETITION NO. 1088 OF 2025 (Against the Order dated 16th February 2023 in Appeal SC/27/A/16/900 of the State Consumer Disputes Redressal Commission Maharashtra)

With NC/IA/9869/2025 NC/IA/9870/2025 (CONDONATION OF DELAY, EXEMPTION FROM DIM DOCUMENTS)

1. MR. ERROL JOHN SEQUERIA Aged 63 years, R /o 3A PU R THI N IW AS, PR ABH AT C O LO N Y, R O AD -1, SAN TAC R U Z (E), M U M BAI, M AH ARASH TR A-400055 Petitioner(s)

vs.

1. K A BHABHA HOSPITAL TH O RU G H ITS M ED IC AL SU PER IN TEN TD EN T R /o BAN D R A (W ), M U M BAI, M AH AR ASH TR A-400050

2. THE BRI HAN MUMBAI MUNICIPAL CORPORATION TH R O UG H ITS SU PERIN TEN D EN T R /o BAN D R A , (W ), M U M BAI, M AH AR ASH TR A-400050 R espondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON’BLE JUSTICE DR.SUDHIR KUMAR JAIN, MEMBER For the Petitioner(s): M S. R ISH IKA AG AR W AL, AD V (VC )

Dated : 23.09.2025

ORDER

1.

H eard M s. R ishika Agarw al w ho appears on behalf of the petitioner.

2. The present R evision Petition (R P) has been filed by the Petitioner against the order dated 16.02.2023 of the State C om m ission in Appeal '■

■rKJIHGFEDCBA No. 16/900. The RP has been filed w ith a delay of 758 days as per calculations m ade by the R egistry of N C DR C .

3. In order to condone the delay in filing the RP, the Petitioner has to satisfy this C om m ission that there w as sufficient cause for preferring the R P after the stipulated lim itation period. An IA No. 9869 of 2025 dated 03.08.2023 has been filed seeking condonation of delay. In the said IA, period of delay m entioned is 22 days and follow ing reasons for delay /

grounds for condonation have been m entioned:

a) H ealth Issues and O ld Age. Applicant is of old age and w as suffering from ill health (fever, chronic cold, cough, w eak im m unity) during the relevant period, w hich prevented him from travelling and com pleting legal form alities on tim e.

b) Financial C onstraints and D ifficulty in Engaging an Advocate: D ue to financial lim itations and poor health, the Applicant faced difficulty in engaging a suitable Advocate to file the Appeal, w hich contributed to the delay.

c) W rong Filing as First Appeal: The m atter w as initially filed as a First Appeal on 22.06.2023, but w as reverted on 06.07.2023 w ith the direction'that it had to be filed as a R evision Petition, causing unavoidable delay.

d) D ifficulty in Procuring O ld C ase R ecords: Since the case originated in 2005 and the D istrict Forum passed its order in 2016, the Applicant faced difficulty in tracing and producing the old records, w hich caused further delay.

f e) Bonafide and M eritorious C ase: The Applicant has a strong case on m erits regarding deficiency of service leading to his m other’s death, and therefore dism issal on m ere technical grounds of delay w ould cause grave injustice.

4.

A perusal of the records before us show that the im pugned order of KJIHGFEDCBA the State C om m ission w as pronounced on 16.02.2023 and the present RP has been filed on 08.08.2025 i.e. after a period of 904 days. Allow ing the period of days for getting the first free certified copy of the im pugned order, w hich w as obtained on

13.04.2023, and the statutory perm issible period of 90 days, the delay in filing RP com es to 758 days.

5. W e have carefully gone through the reasons for delay / grounds for condonation m entioned in IA No. 9869/2025 as w ell as those adduced during the hearing in the light of observations/decisions of H on’ble Suprem e C ourt and this C om m ission in various cases. In Sheo Raj Singh (deceased) through Legal Respresentative and Ors. Vs. Union of India and Anr.

(2023) 10 SCC 531, Hon’ble Suprem e Court observed that condonation of delay being a discretionary power available to courts, exercise of discretion m ust necessarily depend upon the sufficiency of the cause shown and the degree of acceptability of the explanation, the lengths of delay being im m aterial,