Court Order Offers Relief in Consumer Appeal Case.
11 June 2024
Consumer Complaints >> Civil & Consumer Law | Consumer Court >> Civil/Debt
In a recent order, a consumer court has allowed a couple to proceed with their appeal despite a significant delay in filing it. The petition, Revision Petition No. 2331 of 2023, challenged the dismissal of their appeal (No. FA 363/2023) by the State Consumer Disputes Redressal Commission, Delhi (State Commission).
The crux of the matter revolved around a 289-day delay in filing the appeal. The petitioners argued that this delay was due to unavoidable circumstances. The wife of one petitioner was battling cancer and undergoing treatment, significantly impacting their ability to manage legal matters. Additionally, they claimed they were unaware of the proceedings against them due to potentially missed emails.
The respondent, on the other hand, argued in favor of upholding the State Commission's decision.
After considering the arguments and reasons for the delay, the court acknowledged the petitioners' situation. To compensate for the delay, the court imposed a cost of Rs. 5,000/- to be paid to the respondent. However, in a significant move, the court allowed the revision petition and reinstated the appeal (No. 363 of 2023). This means the State Commission will now hear the appeal on its merits.
This order highlights the court's discretion in considering delays when presented with a valid explanation. While delays can have consequences, the court's willingness to consider extenuating circumstances provides some relief to those facing unforeseen challenges.