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2025 Supreme(Online)(SCDRC) 369
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SRI. B. SUDHEENDRA KUMAR, PRESIDENT, SRI. AJITH KUMAR D., J, SRI. RADHAKRISHNAN K.R., MEMBER
SRI. SHAHUL HAMEED PT – Appellant
Versus
ASIAN PAINTS – Respondent
FIRST APPEAL NO. SC/32/FA/310/2025 | C.C. 100/2023
For the Appellant/Petitioner: Adv. K. Dhananjayan, Adv. P. Priya Pillai
For the Respondents: None
Delay in filing appeals requires substantiated reasons; mere claims without evidence are insufficient for condonation.
Headnote:(A) Consumer Protection Act, 2019 - Application for condoning delay - Delay of 147 days in filing appeal not condoned due to lack of sufficient reasons - Petitioner contended illness of mother and his own health issues, but no material to substantiate these claims was presented. (Paras 3, 5)
Facts of the case:
The petitioner claimed the delay in filing the appeal was due to family health issues but failed to provide supporting material for these claims.
Findings of Court:
The court found the reasons provided for the delay to be insufficient and indicative of gross negligence and lack of due diligence.
Issues: The primary issue was whether the delay was justifiably condoned based on the petitioner's claims.
Ratio Decidendi: The court ruled that the reasons given were inadequate to warrant condonation of delay as the petitioner showed negligence in timely filing the appeal.
Result: Application for condonation of delay dismissed, thus the appeal is time-barred.
| Table of Content |
|---|
| 1. delay application filed based on personal health issues. (Para 1) |
| 2. court found lack of evidence for delay claims. (Para 3 , 4) |
| 3. reasons insufficient; negligence established. (Para 5) |
ORDER
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This is an application praying for condoning the delay of 147 days in filing the appeal.
2. Heard. Perused the affidavit filed in support of the application.
3. It is contended that the order dated 26.11.2024 passed by the District Commission was received by the petitioner on 16.12.2024. The mother of the petitioner was hospitalized due to a fracture on her right leg. The petitioner was the bystander along with his wife in the hospital from 28.01.2025 to 10.02.2025 and hence the petitioner could not contact his counsel on time. Later on, the petitioner was badly affected with cough, cold and fever from 10.02.2025 to 20.02.2025. After recovering from the illness, the petitioner filed the appeal and hence, there occurred a delay of 147 days in filing the appeal.
4. No material has been produced by the petitioner to substantiate the above contentions of the petitioner.
5. Having gone through the reasons stated by the petitioner, we are of the considered view that the reasons stated by the petitioner are not sufficient to condone the delay of 147 days in filing the appeal. That apart, there was gross negligence and want of due diligence on the part of the petitioner in this regard. In the said circumstances, we are not inclined to condone the delay.
In the result, this application stands dismissed. JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT AJITH KUMAR D. : JUDICIAL MEMBER RADHAKRISHNAN K.R. : MEMBER jb KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 310/2025 JUDGMENT DATED: 10.07.2025 (Against the Order in C.C. 100/2023 of DCDRC, Palakkad)
PRESENT:
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANT:
Adv. Shahul Hameed P.T., Mehfil, Pourathodiyil House, Thrithala P.O., Pattambi Taluk, Palakkad-679 534.
(By Adv. K. Dhananjayan and Adv. P. Priya Pillai)
Vs.
RESPONDENTS:
1. Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-
400 055.
2. Managing Director/Manager/Authorized Signatory, Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-400 055.
3. Krishna Paint Magic, Asian Paints Colour Idea Store, Near HDFC Bank, Palakkad Road, Mele Pattambi P.O., Palakkad-679 303.
JUDGMENT
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT In view of the dismissal of I.A. No. 419/2025, this appeal stands dismissed as time barred.
