Case Note & Summary
The case involves a second appeal before the National Consumer Disputes Redressal Commission (NCDRC) against an order of the State Consumer Disputes Redressal Commission, Delhi, which had dismissed the appellant's appeal (FA/236/2025) on the ground of delay. The appellant, Rajesh Kumar, had filed a complaint (CC/197/2024) before the District Forum, which was dismissed for non-prosecution on 07.01.2025 due to the complainant's non-appearance on four occasions. The appellant then filed an appeal before the State Commission along with an application for condonation of 44 days delay. The State Commission found the grounds for delay insufficient and dismissed both the application and the appeal. Aggrieved, the appellant approached the NCDRC. The NCDRC heard the counsel for the appellant, who submitted that the non-appearances were due to pressing personal difficulties and that the appellant had a good case on merits. The NCDRC, considering the submissions, set aside the orders of the State Commission and the District Forum, subject to the appellant depositing Rs. 10,000 in the Legal Aid Account of the District Forum within four weeks. The complaint was restored to its original number, and the parties were directed to appear before the District Forum on 30.09.2025. The NCDRC clarified that if the amount is not deposited, the second appeal would stand automatically dismissed. The appeal was disposed of accordingly.
Headnote
A) Consumer Law - Condonation of Delay - Section 41, 50, 67 Consumer Protection Act, 2019 - Appeal against dismissal of complaint for non-prosecution - Appellant sought condonation of 44 days delay in filing appeal before State Commission - State Commission dismissed application as grounds insufficient - National Commission set aside orders subject to deposit of Rs. 10,000 in Legal Aid Account - Held that considering submissions, delay condoned and complaint restored (Paras 1-5).
Issue of Consideration
Whether the delay of 44 days in filing the appeal before the State Commission should be condoned and whether the complaint dismissed for non-prosecution should be restored.
Final Decision
The orders of the State Commission (FA/236/2025 dated 11.06.2025) and the District Forum (CC/197/2024 dated 07.01.2025) are set aside subject to deposit of Rs. 10,000 in the Legal Aid Account of the District Forum within four weeks. Complaint No. 197 of 2024 is restored to its original number. Parties to appear before the District Forum on 30.09.2025. In case of non-deposit, SA/528/2025 stands automatically dismissed.
Law Points
- Condonation of delay
- Restoration of complaint dismissed for non-prosecution
- Consumer Protection Act
- 2019
- Section 41
- Section 50
- Section 67
