KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

I.A.No.1267/2023 in APPEAL No.635/2023

JUDGEMENT DATED : 25.11.2024

(Against the order in C.C.No.368/2017 on the file of DCDRC, Kannur)

PRESENT:

PETITIONER/APPELLANT:

(by Adv. Sareena S.)

Vs.

RESPONDENT:

JUDGEMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR  :  PRESIDENT

This is an application seeking for condoning the delay of 274 days in filing the appeal.

2.       It is contended that even though the petitioner was conducting the case before the District Commission, the petitioner did not get any copy of the order of the District Commission.  However, he obtained the certified copy of the order on 12.01.2023.  After getting the certified copy, he was in stringent financial crisis and hence he could not even travel to Thiruvananthapuram to approach his lawyer for filing the appeal.  In the said circumstances, there occurred a delay of 274 days in filing the appeal.

3.       Heard.

4.    The object of the law of limitation is to put an end to every legal remedy and to have a fixed period of life for every litigation as it is futile to keep any litigation or dispute pending indefinitely. We may now go through the authorities on the point before proceeding further.  

5.  The Hon’ble Apex Court in Anshul Aggarwal v. New Okhla Industrial Development Authority (2011 KHC 5263 :2011 (14) SCC 578) held in paragraph 5 as hereinbelow:-

           “5. It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the consumer fora”.

6.  The Hon’ble Apex Court in Pathapati Subba Reddy(Died) by L.Rs. v. Special Deputy Collector (LA) reported in 2024 KHC 6197 : 2024 INSC 286 : 2024 Live Law (SC) 288, after considering various decisions of the Hon’ble Apex Court,  held that the law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself. It was further held in the above decision that a right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time. The Hon’ble Apex Court further held in Pathapati Subba Reddy (Died) by L.Rs.(Supra) that the courts are empowered to exercise discretion to condone the delay if sufficient cause is explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence. The Apex Court also held that the merits of the case are not required to be considered in condoning the delay.  

7. The National Commission in Liberty Videocon General Insurance Vs. MS. Rathod in First Appeal No. 1189 of 2023 held that where there is inordinate delay, negligence and want of due diligence, the delay condonation petition cannot be permitted.  In the said case, the National Commission dismissed the application seeking for condoning the delay of 102 days in filing the appeal.

    8.   The National Commission in Appeal Execution No. 8 of 2024 held that when the appeal is filed beyond limitation, the applicant has to explain as to what sufficient cause which prevented him from approaching the court within the period of limitation.  The National Commission further observed that adequate and enough reason must be there for condoning the delay.  In the said case, the National Commission dismissed the application for condonation of delay of 39 days in filing the appeal.

9.     In Kotak Mahindra Bank Ltd. Vs. New India Assurance Co. Ltd., the State Commission dismissed the application, for condonation of delay of 142 days, filed on the ground that the records were misplaced by the junior advocate of the counsel concerned. The National Commission did not interfere with the said order.

10. In the light of the above legal position, we have to test whether the delay in filing the appeal is liable to be condoned or not in this case.

           11.   It is contended by the petitioner that the petitioner was conducting the case before the District Commission.  The petitioner would also contend that he was informed that the order of the District Commission would be served to him by post.  However, the petitioner did not receive any such order.  When notice in the execution proceedings was received, he applied for a certified copy and obtained the certified copy of the order.  Thereafter, he was in stringent financial crisis.  He even thought of closing his business.  He was not in a position to travel to Trivandrum to contact his lawyer for filing the appeal.

12.     Having gone through the reasons stated by the petitioner, we are of the view that the reasons stated by the petitioner are not sufficient for condoning the delay of 274 days in filing the appeal.  That apart, there was gross negligence and want of due diligence on the part of the petitioner in this case.  In the said circumstances, we are not inclined to condone the delay.

In the result, this application stands dismissed. 

SL

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No.635/2023

JUDGEMENT DATED : 25.11.2024

(Against the order in C.C.No.368/2017 on the file of DCDRC, Kannur)

PRESENT:

APPELLANT:

(by Adv. Sareena S.)

Vs.

RESPONDENT:

JUDGEMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR  :  PRESIDENT

In view of the dismissal of I.A.No.1267/2023, this appeal stands dismissed as time barred.

The statutory deposit made by the appellant shall be given to the respondent, to be adjusted/credited towards the amount ordered by the District Commission, on proper acknowledgement. 

SL