Covid-19 Leniency: Court Reinstates Delayed Consumer Appeal.


25 November 2024 Civil Revision >> Civil & Consumer Law   |   Consumer Protection Act >> Consumer Rights  

In One School Goa Vs Vibha Singh, the National Consumer Disputes Redressal Commission (NCDRC) has overturned a Maharashtra State Consumer Disputes Redressal Commission order that dismissed an appeal due to a 325-day delay, citing the extraordinary circumstances of the Covid-19 pandemic and the Supreme Court's directives on limitation.

The petitioner had filed a revision petition against the State Commission's order, which had rejected their appeal as time-barred. The original appeal challenged an order from the District Consumer Disputes Redressal Forum, South Mumbai, in a consumer complaint.


 

 

The petitioner's counsel argued that the delay was neither intentional nor deliberate, attributing it to administrative delays within the petitioner's organization, the complexities of engaging legal counsel, and the subsequent nationwide lockdown. They contended that the State Commission should have condoned the delay and adjudicated the matter on its merits.

The respondent's counsel, however, defended the State Commission's order, citing precedents that emphasized the importance of adhering to limitation periods.

The NCDRC, in its ruling, acknowledged the petitioner's explanation for the delay, particularly the impact of the Covid-19 pandemic. It referenced the Supreme Court's suo-motu Writ Petition (Civil) No. 3 of 2020, which suspended limitation periods from March 15, 2020, to February 28, 2022, due to the pandemic.

"Considering the submissions made, arguments advanced and perusal of records the delay in filing the Appeal before the State Commission is condoned," the NCDRC stated.

The NCDRC set aside the State Commission's order, subject to the petitioner paying a cost of Rs. 25,000 to the respondent and depositing Rs. 5,000 in the Legal Aid Account of the State Commission within four weeks. The First Appeal before the State Commission was restored to its original number, and the State Commission was directed to consider the appeal as per law.

The NCDRC directed all parties to appear before the State Commission on December 30, 2024, with the petitioner required to file proof of payment of costs on that date.

This ruling underscores the judiciary's recognition of the unprecedented challenges posed by the Covid-19 pandemic and its willingness to adopt a flexible approach in matters of limitation. It highlights the importance of considering the specific circumstances of each case, particularly when delays are attributable to factors beyond the parties' control.

CONSUMER PROTECTION ACT, 2019