ORDER

Oral

State Consumer Disputes Redressal Commission
U.P. Lucknow.
RA no.132 of 2025
Uma Devi Batham ....
Review Applicant
Versus
Branch Manager, Life Insurance Corporation of India & ors. …
Opposite Parties.

Before,
Hon’ble Mr. Justice Ajai Kumar Srivastava, President.
Hon’ble Smt. Sudha Upadhyay, Member.

No one for the review applicant.
Sri V.S. Bisaria, Advocate for the opposite parties.

Dated : 03.07.2026

ORDER

(Delivered by Hon’ble Mr. Justice Ajai Kumar Srivastava, President)

1. This is a review application seeking review of judgment and order dated 07.03.2024 passed in appeal no.1028 of 2014, which has been filed with delay of 292 days.

2- There is an application seeking condonation of delay which has occurred in filing the instant review application.

3- There is an affidavit in support of such application seeking condonation of delay dated 20.08.2025.

4- Though no one is present for the review applicant, however, we propose to dispose of review application and application seeking condonation of delay on the basis of material available before us.

5- We have heard V.S. Bisaria, learned counsel for the opposite parties.

6- As per the office report, there is a delay of 292 days in filing the instant review application, for which the application seeking condonation of delay along with affidavit has been filed.

7- In the instant case, the appeal no.1028 of 2014 was dismissed by this State Commission vide order dated 07.03.2024. The instant review application has been filed to review the said order dated 07.03.2024.

8- Having heard learned counsel for the opposite parties and upon perusal of record it deserves to be recalled that Section-50 of the Consumer Protection Act, 2019 (hereinafter referred to as The Act of 2019) prescribes for preferring a review application. The same, being relevant is quoted herein below :-

“50. Review by State Commission in certain cases:-
The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.”

9- It is, thus, clear that a review application is to be filed within 30 days from the date of the order. According to proviso to Section-50 of The Act of 2019, a review application cannot be entertained after the expiry of said period of 30 days.

10- The test which is to be applied while dealing with such a case is whether the petitioner acted with reasonable diligence or not. In this regard Hon'ble Supreme Court in “ RB Ramlingam vs. RB Bhavaneshwari , I (2009) (2) Scale 108” has held as under :-

“We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition.”

11- Hon’ble Supreme Court in “ Anshul Aggarwal vs. New Okhla Industrial Development Authority , (2011) 14 SCC 578” has also observed as under :

“while deciding the application filed, for condonation of delay, the Court has to keep in mind that the special periods of limitation have been prescribed under the Consumer Protection Act, for filing appeals and revisions in consumer matters and that the object of expeditions adjudication of the consumer disputes will get defeated, if the highly belated appeals and revision petitions are entertained”.
(Emphasis supplied by us)

12- The review applicant who is seeking condonation of delay of about 292 days in preferring the review application has to satisfy this Commission that there was sufficient cause for preferring the instant review application after stipulated period therefor. The term ‘sufficient cause’ has been explained by the Hon’ble Apex Court in Basawaraj and Or