24 June 2024 Consumer Protection Act >> Consumer Rights  

A higher court recently overturned a cost penalty imposed by the State Commission of Uttar Pradesh on a petitioner who missed a virtual hearing. The petitioner, acting as the complainant in a case, was unable to attend the hearing scheduled for April 25th, 2024, due to his wife's hospitalization and emergency surgery.

The State Commission had originally imposed a cost of Rs. 10,000 on the petitioner for his absence. However, the petitioner challenged this penalty, arguing that his wife's sudden medical complications and subsequent surgery were unforeseeable circumstances that prevented him from participating in the hearing. He presented documentation, including a birth certificate and discharge summary, to substantiate his claims.

The court acknowledged the prevalence of tactics used to delay proceedings through unnecessary adjournments. However, upon reviewing the documents provided and considering the coinciding events with the hearing date, the court determined that the petitioner's absence was genuine and not a deliberate attempt to stall the case.

As a result, the court waived the Rs. 10,000 cost penalty imposed by the State Commission.