Housing Society's Negligence Leads to Dismissal of Appeal: Consumer Case Delayed for Elderly Widow.


10 December 2024 Civil Revision >> Civil & Consumer Law   |   Consumer Law >> Civil & Consumer Law  

A consumer complaint filed in 2012 by an elderly widow against a Housing Co-operative Society was initially successful. The Society's appeal against this decision was dismissed due to their lawyer's absence and a clerical error regarding the hearing date. The Society then filed a review application, but it was rejected because it was filed 326 days late, with insufficient reasons for the delay.

 

 

The Society claimed their lawyer mistakenly noted the hearing date as March 19th instead of March 9th, 2022, and they didn't receive the order of dismissal promptly. However, the State Commission and this higher commission found this explanation unsatisfactory. They emphasized the Society's negligence in failing to follow up on the appeal's status, even on the incorrectly noted date. The commission highlighted the Society's status as a prominent entity, holding them to a higher standard. They concluded that allowing the Society to benefit from their negligence would be detrimental to the elderly widow, who had waited years for justice. Therefore, the review application and subsequent revision petition were dismissed, upholding the initial favorable ruling for the widow.


  Limitation Act, 1963