There is a delay of 121 days in filing the Appeal, which is over and above the period of 30 days, which is statutorily given to an aggrieved party to file the Appeal.  The only explanation given for condonation of delay is that the appellant received the copy of the order passed by the State Commission in the end of August 2012; that the advocate who represented the appellant before the State Commission fell sick and suffered loss of memory; that the appellant had to wait for his recovery to retrieve the file and papers from him. 

Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days.  Where the statute has permitted only 30 days for filing the Appeal, the delay, more than four times over the statutory period, cannot be condoned until and unless some sufficient ground is shown. 

        Supreme Court in a recent judgment, Anshul Aggarwal vs. New Okhla Industrial Development Authority – IV(2011)CPJ 63 (SC) has held that while deciding the application filed 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 the appeals and revisions which are highly belated are entertained.  Relevant observations are as under:

“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 foras.”

In view of the above decision rendered by the Supreme Court, Application for condonation of delay is dismissed.   Consequently, the appeal is dismissed as barred by limitation.