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Judgment
The present Appeal, under Section 51(1) of the Consumer Protection Act, 2019 (for short “the Act”), has been filed by the Complainant against the order dated 08.02.2023 in MA No.388 of 2022 and 02.11.2022 in Complaint No.250 of 2018 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (for short “the State Commission”) dismissing the Complaint in default due to absence of the Complainant.
The present Appeal has been filed with a delay of 132 days. IA No.10009 of 2023 has been filed seeking Condonation of delay in filing of the Appeal.
It is submitted in the Application that the State Commission passed the order in CC No.250 of 2018 on 02.11.2022 and the order in MA No.388 of 2022 on 08.02.2023 and the Appellant received the certified copy of both the orders on 05.06.2023. The only reason given for the delay is that the necessary documents were received late and that there was delay in taking a decision regarding filing of the Appeal.
In “Ram Lal and Ors. vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361”, the Hon’ble Supreme Court has observed as under:
“It is, however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a discretionary jurisdiction vested in the Court by S.5. If sufficient cause is not proved nothing further has to be done; the application for condonation has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant.”
The Hon’ble Supreme Court in another case of “R. B. Ramlingam vs. R. B. Bhavaneshwari, I (2009) CLT 188 (SC)”, has stated that a court has to apply the basic test while dealing with the matters relating to condonation of delay, whether the Petitioner has acted with reasonable diligence or not. The court 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.”
While dealing with the matters under the Act, it has been held in the case of “Anshul Aggarwal vs. New Okhla Industrial Development Authority, (2011) 14 SCC 578,” by the Hon’ble Supreme Court that the special nature of the Act has to be kept in mind while dealing with the special period of limitation prescribed therein. The court has held as under:
“It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer Fora."
The reason of delay on part of the Appellant that there was delay in taking a decision to file an Appeal cannot be a valid ground for seeking condonation of delay. The delay of 132 days in filing of the Appeal has not been sufficiently explained. The Application seeking condonation of delay is dismissed.
Since the Application for condonation of delay in filing of the Appeal is dismissed, the Appeal also stands dismissed being barred by limitation.