THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA W.P.NO.19621 OF 2025

O RDE R:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order, dated 21.04.2025 passed in FA.IA.No.46 of 2025 by the Telangana State Consumer Disputes Redressal Commission, Hyderabad (for short, ‘the State Commission’), the present Writ Petition is filed.

2. Heard Sri Srinivasa Rao Pachwa, learned counsel appearing for the petitioners.

3. Learned counsel for the petitioners had contended that respondent No.4 has filed a consumer complaint vide C.C.No.61 of 2022 against the petitioners under Section 35 of the Consumer Protection Act, 2019 before the District Consumer Disputes Redressal Commission-II, Hyderabad (for short, ‘the District Commission’) and the said complaint was partly allowed vide order, dated 27.06.2024, directing the petitioners to pay a sum of Rs.17,94,548/- along with the interest @ 7.5% per annum and costs of Rs.10,000/- on the ground that there was deficiency in service of the petitioners. 4. Aggrieved by the order, dated 27.06.2024 passed by the District Commission, the petitioners have preferred an appeal before the State Commission vide F.A.No.12 of 2025 along with an application i.e., FA.IA.No.46 of 2025, seeking to condone the delay of 142 days. However, the State Commission has dismissed the condone delay application and consequently, rejected the appeal only on the ground of delay and latches. Learned counsel for the petitioners had further contended that the delay occurred due to some corrections made in drafting the appeal by the petitioners’ counsel, and as the counsel’s computer has collapsed, the draft could not be retrieved. Additionally, the concerned officer of the petitioners was on leave, hence there was a delay of 142 days. Therefore, appropriate orders be passed in the Writ Petition by setting aside the order, dated 21.04.2025 passed in FA.IA.No.46 of 2025 in F.A.No.12 of 2025 by the State Commission and the matter be remitted back to the State Commission to hear the appeal on merits, as admittedly, the petitioners have already deposited 50% of the amount before the State Commission as adjudicated by the District Commission.

5. This Court, having considered the submissions made by the learned counsel for the petitioners, is of the view that the State Commission ought to have heard the appeal on merits instead of dismissing only on the ground of delay, as admittedly, the petitioners have given cogent reasons for condoning the delay of 142 days. Therefore, the order, dated 21.04.2025 passed in FA.IA.No.46 of 2025 in F.A.No.12 of 2025 by the State Commission is liable to be set aside and accordingly, it is set aside. The delay of 142 days in filing the appeal can be condoned, subject to the condition of the petitioners depositing a sum of Rs.25,000/- to the Telangana State Legal Services Authority (TSLSA). The matter is remitted back to the State Commission to hear the appeal on merits and pass appropriate orders in accordance with law, after hearing both the parties.

6. With the above observations/directions, the Writ Petition is disposed of. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

_________________________________

ABHINAND KUMAR SHAVILI, J _____________________________

TIRUMALA DEVI EADA, J

Date: 09.07.2025

Nit/Prat