Case Note & Summary
The case involves a Second Appeal filed by Rama Singh against the order of the Punjab State Consumer Disputes Redressal Commission dated 01.08.2024. The appeal was filed with a delay of 150 days. The appellant sought condonation of delay on the grounds that the certified copy of the impugned order was not received within the prescribed 30 days and that the delay was not willful or deliberate. The National Consumer Disputes Redressal Commission observed that from the last three hearings, adjournments were being sought by the appellant. The Commission held that the grounds mentioned were not sufficient cause for condoning the delay. Consequently, the Second Appeal was dismissed as barred by limitation.
Headnote
A) Limitation - Condonation of Delay - Sufficient Cause - Consumer Protection Act, 2019, Section 67 - The appellant sought condonation of 150 days delay on grounds of non-receipt of certified copy and that delay was not willful - Held that these grounds do not constitute sufficient cause for condonation, and the appeal was dismissed as barred by limitation (Paras 1-3).
Issue of Consideration
Whether the delay of 150 days in filing the Second Appeal should be condoned
Final Decision
Second Appeal dismissed as barred by limitation
Law Points
- Condonation of delay requires sufficient cause
- mere non-receipt of certified copy and absence of willful delay are not sufficient grounds
Case Details
2025 LawText (NCDRC) (01) 14
SECOND APPEAL NO.9 OF 2025
Ms. Subasri Jaganathan (Proxy Counsel for Appellant)
General Manager, Northern Railway & Anr.
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Nature of Litigation
Second Appeal against order of State Consumer Disputes Redressal Commission, Punjab
Remedy Sought
Condonation of delay of 150 days in filing the Second Appeal
Filing Reason
Appellant sought to challenge the order dated 01.08.2024 of the Punjab State Consumer Disputes Redressal Commission
Previous Decisions
Order dated 01.08.2024 in First Appeal No.611/2022 of the State Consumer Disputes Redressal Commission, Punjab
Issues
Whether the delay of 150 days in filing the Second Appeal should be condoned
Submissions/Arguments
Appellant argued that certified copy of the impugned order was not received within 30 days and delay was not willful or deliberate
Ratio Decidendi
Mere non-receipt of certified copy and absence of willful delay do not constitute sufficient cause for condonation of delay under Section 67 of the Consumer Protection Act, 2019.
Judgment Excerpts
Learned proxy Counsel for the Appellant sought an adjournment on the ground that the arguing Counsel is unwell.
There is a delay of 150 days in filing of the Second Appeal.
These two grounds cannot be taken as sufficient cause for condoning the delay.
Accordingly, the Second Appeal is dismissed as barred by limitation.
Procedural History
The appellant filed a Second Appeal before the National Consumer Disputes Redressal Commission against the order dated 01.08.2024 of the Punjab State Consumer Disputes Redressal Commission in First Appeal No.611/2022. The appeal was filed with a delay of 150 days. The appellant filed an application for condonation of delay. After hearing, the Commission dismissed the appeal as barred by limitation on 23.04.2025.
Acts & Sections
- Consumer Protection Act, 2019: Section 67
