ORDER :

1. Leave granted.

2. This appeal challenges the order dated 11.06.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, ‘the National Commission’) rejecting First Appeal No.610 of 2019.

3. There was delay of 150 days in preferring the First Appeal which was not condoned by the order under appeal and consequently the First Appeal stood dismissed. However, the National Commission also observed that there was apparent lack of merits in the matter and finally passed order as under:-

“11. In view of the detailed discussion above, this appeal is at the stage of admission itself,

dismissed on grounds of both an inordinate delay of 150 days as well as on an apparent lack of merit.”

4. We have heard learned counsel for the parties and have perused the record.

5. The issue whether a Tribunal or a Forum, after having come to the conclusion that the matter was barred by limitation, could consider merits of the matter, was gone into by this Court in State Bank of India vs. B.S. Agriculture Industries (I), (2009) 5 SCC 121 as under:-

“12. As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been fil