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2024 SCC OnLine NCDRC 1054
†
In the National Consumer Disputes Redressal Commission
(BEFORE KARUNA NAND BAJPAYEE, PRESIDING MEMBER)
Chief Administrator, Gmada … Appellant(s);
Versus
Jaspreet Kaur … Respondent(s).
‡
First Appeal No. 878 of 2022
Decided on May 20, 2024
Advocates who appeared in this case :
For the Appellant: Mr. Ashkrit Tiwari, Advocate With Mr. Hitesh
Mankar, Advocate (IN P.H.);
For the Respondent: Mr. Mohd. Shahbaz Ahmed, Proxy Advocate (In
P.H.).
1. This first appeal has been filed under Section 51 of the Consumer
Protection Act, 2019 in challenging the impugned Order dated
22.04.2021 passed by the State Commission arising out from M.A. 202
of 2021 in C.C. No. 543 of 2019.
2. Heard learned counsel for the appellant/opposite party and for the
respondent/complainant. Perused the material on record including inter
alia the impugned Order dated 22.04.2021 passed by the State
Commission and the memorandum of the appeal as well as the
application seeking condonation of delay in filing the present appeal.
3. The present Appeal has been filed with admitted delay of 550
days. As the delay is neither insignificant nor small, the learned counsel
has been first heard on the delay condonation application in order to
see whether the same deserves to be condoned or not.
4. Learned counsel for the appellant has reiterated the grounds that
have been pleaded in the application seeking condonation of delay.
5. In order to facilitate better appreciation of the matter, the
grounds pleaded in the application seeking condonation of delay may
be quoted herein below:
1. That the present appeal has been filed inter-alia seeking to
challenge the Order dated 22.04.2021 passed by the Hon'ble
State Consumer Disputes Redressal Commission, Punjab, at
Chandigarh in C.C. No. 543 of 2019.
2. That in order to overcome the statutory bar, the
Applicant/Appellant has filed the instant Applications to condone
the delay of 550 days in filing the said Appeal, due to the uprise
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and outbreak of the Covid-19 throughout the country, claiming
that, the liberty granted by the Hon'ble Supreme Court in SLP (C)
10555/2019 vide its Order dated 10.06.2020 would vest this
Hon'ble Tribunal with jurisdiction to hear the Appeal.
3. That the delay in filing the said appeal is neither intentional nor
will full but due to the good and sufficient reasons shown herein
above. Interest of justice demands that the present application is
allowed and the delay of 550 days in filing this appeal is condoned
so that the matter can be adjudicated upon on its merit.
4. If the application is not allowed, it will cause serious prejudice to
the right, title and interest of the Applicant
5. If this application is not allowed the Applicant will suffer an
irreparable loss and injury.
6. The Applicant has not moved earlier before this Hon'ble Court for
same or similar relief.
PRAYER
It is therefore prayed that Your Honour may graciously be pleased to
a) allow this application by condoning the delay of 550 days caused
in filing the Appeal against the Order of the Ld. State Commission
dated 22.04.2021;
b) be further pleased to pass such other order(s) as Your Honour
may deem fit and proper in the facts and circumstances of the
case.
Learned counsel has also submitted that the period of COVID
pandemic contributed to the delay and the delay being neither
intentional nor deliberate, the same may be condoned in the interest of
justice.
6. First of all it may be observed that in the ordinary course
whenever the aspect of evaluating the sufficiency of cause behind the
delayed filing of a given petition or appeal, as the case may be, is
involved, it is advisable to adopt a liberal approach and not a pedantic
one. A pragmatic view needs to be adopted as it is found preferable to
decide a case on its merits rather than to thwart the same at the
threshold on the point of limitation. But while saying so, it must not be
misconstrued to mean that the approach to be adopted can ever be
such which may reduce the law on the point of limitation, wherever it is
provided, into complete insignificance as if it is inconsequential and
does not signify anything. The law of limitation wherever it is provided
has a salutary purpose to serve which cannot be looked down with
irreverence or with indifference. The Courts, judicial or quasi-judicial as
they may be, can never afford to ride roughshod over the solemn
provisions of limitation wherever they have been laid down by the
Legislature in its wisdom. It is also to be kept in perspective that the
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failure to file a petition or appeal against a particular order and the
failure to challenge the same within the prescribed period of time, often
gives simultaneously a right to the other side which accrues to it as the
order in question attains finality. This is true that if valid reasons come
forth and sufficient cause is shown which may go to vindicate the
delayed filing of a petition or appeal, the same may be accepted and
the delay may be condoned by the given Forum. But this discretion
conferred upon any Forum judicial or quasi-judicial as it may be, has to
be exercised judiciously and in keeping with the norms. The exercise of
discretion in such matters is not the exercise of any prerogative or
privilege. It is essentially the exercise of a statutory power, granted by
the Act, which has to be exercised judiciously and legally both. The
delay of larger periods may be condoned in a given case if sufficient
cause may be shown which resulted in the delay. On the other hand,
even a lesser period of delay may not be condoned if valid reasons
furnishing or showing sufficient cause are not brought forth by the
defaulting party. The onus to show and furnish the necessary factual or
circumstantial basis which contributed to the delay, must be shown in
order to earn the condonation and this onus is of the defaulting party
who seeks such condonation.
7. When this Bench proceeds to make estimate as to sufficiency of
cause which is said to have resulted in the delayed filing of the appeal,
it finds that the grounds pleaded in the delay condonation application
certainly fall far short of qualifying as being good enough or valid good
reasons to vindicate the delay and earn the condonation. In fact, the
perusal of the delay condonation application would show that it does
not contain any ground at all save this that the said COVID pandemic
contributed in delayed filing of the present appeal. So far as the COVID
pandemic period is concerned, there is absolutely no problem in
condoning the delay relating to that period and the same has got to be
condoned as per directions of Hon'ble Apex Court. But even after
excluding the exempted period, there remains long unexplained delay
for which no explanation has been offered. The impugned Order was
passed by the State Commission on 22.04.2021 and the stamp affixed
on its certified copy shows that free certified copy was provided on
12.05.2021 itself. Exemption period relating to the COVID pandemic
ended on 28.02.2022 but the present appeal has been filed on
17.11.2022, many months thereafter. Lapse of this long drawn out
period of time has been left out completely untouched, undealt with
and unexplained. Not even a feeble attempt to explain the delay of
remaining period has been made. In the present case, the Bench feels
constrained to observe that it does not see even a semblance of good
explanation which may constitute sufficient cause to condone the delay.
The onus is on the appellant to show the factual basis from which may
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emanate such grounds which may vindicate the delay remains
undischarged. The application for condonation of delay being without
much worth or substance is unworthy of acceptance. Sufficient cause to
condone the delay is not at all forthcoming.
8. The application being sans merit must therefore meet its legal
nemesis and as such the same stands dismissed.
9. As the application for condonation of delay has been dismissed,
the appeal too concomitantly stands dismissed.
10. The Registry is requested to send a copy each of this Order to
the parties in the appeal and to their respective learned counsels as
well as to the State Commission within three days. The stenographer is
requested to upload this Order on the website of this Commission
within three days.
———
†
New Delhi
‡
(Against the Order dated 22/04/2021 in Complaint No. 543/2019 of the State Commission
Punjab)
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