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M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION

PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

APPEAL NO. 2018/2025

Radheyshyam Sharma

S/o Rameshchandra Sharma

R/o Ward No.10, Rangmahal

Tahasil Kolaras

District Shivpuri (M.P.) ... Appellant

VERSUS.

1. Manager

Chholamandalam MS General

Insurance Company Ltd.

2^nd floor, Star Arcade

Address – Plot No.165 and 166

Zone-1, M.P. Nagar

Bhopal – 462 011

2. Manager

Indostar Capital Finance Ltd.

Shivpuri

Address – Near Galaxy Hotel,

Infront of Nagarpalika Bagicha

A.B. Road

Shivpuri (M.P.) - 473 551 … Respondents

BEFORE;

HON’BLE JUSTICE SUNITA YADAV, PRESIDENT

HON’BLE DR. MONIKA MALIK, MEMBER

COUNSEL FOR THE PARTIES:

SHRI MANOJ SONI, LEARNED COUNSEL FOR APPELLANT.

O R D E R

( 29.01.2026 )

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The following order of the Bench was delivered by Dr.

Monika Malik, Member.

This appeal by the complainant/appellant (hereinafter

referred to as ‘complainant’), is directed against the order dated

28.10.2024 passed by the District Consumer Disputes

Redressal Commission, Shivpuri (for short ‘District

Commission’), in complaint case No. 207/2022.

2. Heard on I.A.-1, an application, dated 15.12.2025,

filed by appellant seeking condonation of delay in filing the

appeal. The delay is of 1 year and 5 days.

3. Learned counsel for appellant submits that complaint

case No.207/2002 was pending before the District

Commission since the year 2022 and whenever the appellant

contacted his counsel, who was appearing before the District

Commission, regarding the case, he was informed that final

arguments are yet to take place and whenever order will be

passed, information will be given to him. The counsel

however, did not inform him about the impugned order. On

30.11.2025, when the appellant personally visited advocate’s

office then only he came to know that the complaint case has

already been decided and since the advocate had lost the

concerned file, the appellant applied for certified copy of

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impugned order and documents, which he received on

2.12.2025. Learned counsel submits that the appellant was

not aware of the impugned order and therefore he could not

file the appeal within the prescribed period of limitation and

thus prays that the delay in filing the appeal be condoned and

the matter be heard on merits.

4. After hearing learned counsel for appellant and on due

consideration of application I.A.-1, for condonation of delay,

we are of the view that the reason assigned for the inordinate

delay of 1 year and 5 days is not at all satisfactory. The

complainant was not diligent in pursuing the complaint before

the District Commission. In I.A.-1, there is no day-to-day

explanation for delay.

5. Section 41 of the Consumer Protection Act, 2019 is

relevant to mention here, 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 to 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

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period of 45 days, if it is satisfied that there was sufficient

cause for not filing the same within the period of limitation.

6. The Hon’ble Supreme Court in the case of in Anshul

vs. New Okhala Industrial Development Authority IV

(2011) CPJ 63 (SC) has clearly held that while deciding the

application for condonation of delay, the Court has to keep in

mind that special period of limitation has been prescribed

under the Consumer Protection Act for filing appeals and

revisions in consumer matters.

7. On going through the decision of Hon’ble Apex Court

in Anshul Aggarwal (supra), we find that the Hon’ble Apex

Court has held that object of expeditious adjudication of

consumer disputes will get defeated, if Court was to entertain

highly belated petitions filed against orders of Consumer Fora.

The Hon’ble National Commission in FA/1678/2019

(Parsvnath Developers limited vs. Arun Kumar Bansal)

decided on 12^th July, 2024, following the decision of the

Hon’ble Supreme Co