11 June 2024 Consumer Protection Act >> Consumer Rights  

A recent decision by the National Consumer Disputes Redressal Commission (NCDRC) highlights the importance of timely filing appeals in consumer protection cases. The court dismissed an appeal due to a significant delay and the appellant's failure to provide a satisfactory explanation.

Background:

The appellant filed an appeal against an order passed by the State Commission. However, the appeal was filed 198 days after the limitation period had expired. The appellant requested condonation of delay, arguing that the delay was due to their internal procedures for handling the case.

Court's Reasoning:

The NCDRC rejected the appellant's plea for condonation of delay for several reasons. Firstly, the court emphasized that the Consumer Protection Act prioritizes speedy resolutions in consumer disputes. A delayed appeal undermines this objective.

Secondly, the court found the appellant's explanation for the delay - internal procedures - to be inadequate. The reason lacked specifics and did not demonstrate sufficient cause for the lengthy delay.

Thirdly, the court pointed out that the appellant failed to demonstrate they acted with due diligence. There was no explanation for the inaction during the 198-day period.

Ruling and Repercussions:

As a consequence of not providing a sufficient reason for the delay, the court dismissed the application for condonation of delay (IA No. 14623 of 2023). This decision also resulted in the dismissal of the original appeal (First Appeal No. 1067 of 2023).