Government departments are not entitled to special exemptions regarding limitation periods; an appeal filed with inordinate delay without establishing 'sufficient cause' and showing lack of due diligence cannot be condoned, and the court must strictly enforce statutory limitation periods.

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No

JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellant/OP has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) to challenge the impugned order dated 07.01.2025 passed in CC No.665 of 2023 by the District Consumer Disputes Redressal Commission, Amritsar (in short the “District Commission”) whereby the Complaint had been allowed.

I.A. No.369 of 2026

There is delay of 143 of days in filing of the present Appeal. I.A. No.369 of 2026 has been filed for condonation of delay of 143 days in filing of the Appeal. Said Application has been supported by an Affidavit.

Notice in the Application was issued to the Respondent. Learned Counsel for the Respondent/Complainant had appeared and filed reply to the Application for condonation of delay. Thereafter, the Application for condonation of delay was adjourned for hearing the arguments from both the sides.

Ms. Kavita Arora Advocate, learned Counsel for the Appellant has submitted that the order was passed on 07.01.2025 and thereafter the certified copy of the order was prepared by the Registry of the District Commission on 13.01.2025 and the same was received by the Counsel appearing before the District Commission on 13.01.2025. Said Counsel had misplaced the copy of the order dated 07.01.2025 in his office and it was found by him on 25.03.2025. Learned Counsel has further submitted that thereafter, the Counsel gave opinion which was received by the office of Trust on 27.03.2025. Further, it was sent to the Law Officer-Legal Advisor of the Improvement Trust, Amritsar who gave opinion on 17.04.2025 regarding filing of the Appeal before the Court. Further, it has been mentioned that the case file was put up before the concerned dealing staff on 21.06.2025 and said dealing staff had put up the matter before the Chairman, Improvement Trust on 27.06.2025 who thereafter had approved the same for filing the Appeal on 01.07.2025. Learned Counsel has further submitted that the power of attorney was supplied to the previous Counsel on 02.07.2025 who had noticed/observed that the Appeal was time barred. Further, it has been submitted that the concerned Counsel had sought the record of the lower Court for drafting the Appeal and advised the Trust official to prepare the demand draft of 50% of the total amount to be deposited at the time of filing of the Appeal. The demand draft was prepared and Appeal was filed through online on 07.07.2025. The delay of 143 days had occurred. Thereafter, the Application was listed for hearing on 29.07.2025 and the previous Counsel had withdrawn the Application for condonation of delay with liberty to file afresh with better particulars. Thereafter, the fresh Application was filed which was listed for hearing on 03.09.0225. Said Application was withdrawn by the concerned Counsel to file a fresh with better particulars. Three I.As. were filed for condonation of delay in filing the Appeal but the same were withdrawn with the liberty to file a fresh Application with better particulars. In I.A. No.1607 of 2025 for the condonation of delay, the number of days of delay were calculated as 130 days in filing the Appeal but it was 143 days. Thereafter, another Counsel was appointed and the present Application for condonation of delay of 143 days was filed. The delay in filing the Appeal is neither intentional nor deliberate and the same has occurred on account of bonafide reasons as mentioned above. Learned Counsel has relied upon judgments of cases, i.e. (1) State (NCT of Delhi) Vs. Ahmed Jaan, 2008(4) RCR (Criminal) 119 (SC), (2) Oriental Aroma Chemical Industries Limited Vs. Gujarat Industrial Development Corporation & another, 2010(2) JT 389 (SC), (3) G. Ramegowda, Major Vs. Special Land Acquisition Officer, Bangalore, 1988 (1) RRR 555 (SC), (