Strict Time Limits: Landowners Lose Appeal Due to Delay.
20 June 2024
Consumer Protection Act >> Consumer Rights
A recent order by the National Consumer Commission (NCC) highlights the importance of acting promptly in consumer disputes. The case involved landowners appealing a State Commission order directing them to deliver possession of a flat and pay compensation to the complainant. However, the NCC dismissed the appeal due to a delay in filing.
The crux of the matter lies in the explanation provided by the landowners for the delay. They claimed they believed the builder, not themselves, held responsibility for fulfilling the order. Additionally, they cited seeking legal advice as a reason for the late appeal.
The NCC rejected these justifications. The Commission emphasized the lack of documentation supporting the landowners' claims about the builder's responsibility. Furthermore, the NCC viewed the explanation of legal advice as a common excuse used to explain delays. Most importantly, the Commission found the landowners to be lacking in diligence when pursuing the case.
This decision underscores two key legal principles. First, the Consumer Protection Act mandates adherence to a specific limitation period for filing appeals. Second, the burden falls on the appellant to demonstrate a "sufficient cause" for exceeding the deadline. In this context, "sufficient cause" translates to acting with reasonable diligence throughout the process.
As a consequence of the NCC's ruling, the landowners' appeal stands dismissed due to exceeding the limitation period. This case serves as a reminder for consumers to take timely action and provide strong justifications when faced with delays in consumer disputes.