14 June 2024 Consumer Protection Act >> Consumer Rights  

The National Consumer Disputes Redressal Commission (NCDRC) has dismissed an appeal filed by an appellant against an order passed by the State Commission. The appeal was dismissed on two grounds: exceeding the limitation period for filing and seeking reliefs not included in the original complaint.

The appellant filed the appeal with a significant delay of over four years (1515 days). The reason provided for the delay was the difficulty faced in executing the order passed by the State Commission in favor of the appellant. However, the NCDRC did not consider this justification sufficient enough to condone the delay. The appeal sought modifications to the State Commission's order, including granting possession of a plot. This relief, however, was not part of the initial complaint filed before the State Commission. The NCDRC emphasized that an appeal cannot be used to obtain reliefs that were not requested in the original complaint.

In light of the excessive delay and the altered relief sought, the NCDRC dismissed the appeal on both technical and merit-based grounds. The Commission advised the appellant to pursue remedies through the execution petitions already filed for enforcing the original order passed by the State Commission.

  Limitation Act, 1963    Consumer Protection Act, 1986