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Judgment
Ms. Tanuja Gupta, the Petitioner herein has approached this Commission by filing a Revision Petition under Section (1) (b) of the Consumer Protection Act, 2019 against the Order dated 17.12.2021 passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as ‘the State Commission’) whereby the Application filed by the Petitioner herein seeking condonation of delay of 20 days in filing the Appeal has been rejected and consequently, the Appeal has also been dismissed.
I have heard Mr. Rakesh Kumar, learned Counsel appearing for the Petitioner and Mr. Abhisar Bhanu, learned Counsel appearing for the Respondent No.2 and perused the Impugned Order dated 17.12.2021 passed by the State Commission, the grounds taken in the Memo of Revision and the documents filed along with.
It is not in dispute that the Petitioner had filed the Appeal against the Order dated 24.08.2021 passed by the District Consumer Disputes Redressal Forum-I, North, Tis Hazari Court, Delhi (hereinafter referred to as ‘the District Forum’) in Complaint Case No.27/2021. The Appeal has to be filed within the period of 45 days. If the 45 days is counted from 24.08.2021, it expired on 08.10.2021. The Appeal had been filed before the State Commission on 28.10.2021 and therefore, there is a delay of 20 days in filing the Appeal. The State Commission has not taken into consideration the Order passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020 in re: Cognizance for Extension of Limitation wherein the period of limitation has been suspended for filing petitions/applications/suits/appeals/all other quasi proceedings before any Courts/Tribunals or any Authority due to Covid-19 pandemic with effect from 15.03.2020 till 28.02.2022. As the period of limitation has been suspended from 15.03.2020 to 28.02.2022, the Appeal filed in the year 2021 itself be treated having been filed within limitation. The Impugned Order dated 24.08.2021 passed by the State Commission cannot be sustained and is hereby set aside. The Appeal filed before the State Commission is restored to its original number. The Parties are directed to appear before the State Commission on 02.05.2023.