Understanding Appeal Dismissals Due to Limitation Periods.
04 June 2024
Consumer Protection Act >> Consumer Rights
A recent order by NCDRC dismissed an appeal due to it being filed outside the limitation period. The appeal challenged an order passed by the State Commission on February 25, 2021. However, the appeal itself was not filed until October 13, 2022, exceeding the limitation period by a significant margin.
The appellant requested the court to condone the delay, citing reasons such as the need to locate relevant records and the disruption caused by the COVID-19 pandemic. The court acknowledged the pandemic as a legitimate reason for delay but determined that the explanation for the remaining delay was inadequate.
The order emphasized the significance of adhering to deadlines set by law. The court reasoned that the appellant could have filed the appeal on time with the necessary documents from the original complaint. Additional documents, if required, could have been submitted later with the court's permission. The excuse of needing to locate records due to the old transaction date was deemed an unconvincing explanation.
The court found the appellant's explanation for the extended delay beyond the pandemic period unconvincing. This unexplained delay, spanning several months, could not be disregarded. To condone the delay, a more credible justification was necessary.
In the absence of a sufficient reason for the delay, the court dismissed the application for condonation of delay. As a consequence, the appeal itself was dismissed due to limitation.