Case Note & Summary
The case involves a second appeal before the National Consumer Disputes Redressal Commission (NCDRC) filed by Smt. Alpana Shisodiya and Raj Singh Sisodiya (appellants/petitioners) against Amit Kumar (respondent). The grievance of the appellants was that their appeal before the State Consumer Disputes Redressal Commission, Madhya Pradesh (Appeal No. 278 of 2025) was dismissed for non-compliance with the requirement due to delay in filing certain documents, vide order dated 01.04.2025. The appellants sought condonation of the delay and restoration of the appeal. The NCDRC, after hearing the learned counsel for the appellants and perusing the records, considered the submissions made. The Commission condoned the delay in filing the documents and remitted the matter back to the State Commission, subject to the appellants paying Rs. 40,000 to the respondent/complainant and depositing costs of Rs. 10,000 in the Consumer Legal Aid Account of the State Commission within four weeks. The order of the State Commission dated 01.04.2025 was set aside and Appeal No. 278/2025 was restored to its original number. All parties were directed to appear before the State Commission on 09.09.2025, with proof of deposit and payment. The State Commission was requested to consider the matter as per law, preferably within four months. The second appeal was disposed of accordingly.
Headnote
A) Consumer Law - Condonation of Delay - Restoration of Appeal - Delay in filing documents leading to dismissal of appeal for non-compliance - The National Commission condoned the delay and remitted the matter back to the State Commission, subject to payment of Rs. 40,000 to the respondent/complainant and deposit of Rs. 10,000 in the Consumer Legal Aid Account of the State Commission - Held that the delay was condoned and the appeal was restored to its original number (Paras 1-3).
Issue of Consideration
Whether the delay in filing documents before the State Commission should be condoned and the appeal restored.
Final Decision
The delay in filing documents is condoned and the matter is remitted back to the State Commission, subject to the appellants paying Rs. 40,000 to the respondent/complainant and depositing costs of Rs. 10,000 in the Consumer Legal Aid Account of the State Commission within four weeks. The order of the State Commission dated 01.04.2025 in Appeal No. 278/2025 is set aside and the appeal is restored to its original number. Parties to appear before State Commission on 09.09.2025. State Commission to consider matter as per law preferably within four months. Second Appeal No. 444/2025 is disposed of.
Law Points
- Condonation of delay
- Restoration of appeal
- Consumer Protection Act
- 2019
