Challenge in this Revision Petition, by Toyota Kirloskar Motor Pvt. Ltd., Opposite Party No.2 in the Complaint, is to the order dated 10.02.2017, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (for short “the State Commission”) in in FAIA No. 332/2015 in FASR No. 1137/2015, whereby the State Commission has declined to condone the delay of 67 days in filing of Appeal by the Petitioner, questioning the correctness and legality of the order, dated 11.05.2015, passed by the District Consumer Disputes Redressal Forum-III, Hyderabad (for short “the District Forum”) in Complaint Case No. 219/2012.  The State Commission has come to the conclusion that the Petitioner has failed to make out a sufficient cause for condonation of the delay and has, thus, dismissed the Appeal as barred by limitation.       

Having heard learned Counsel for the Petitioner and Respondent No.1/Complainant and perused the supporting affidavit filed on behalf of the Petitioner with the application, praying for condonation of the said delay, we are of the opinion that although the cause for the stated delay as pleaded in the application is vague, yet, bearing in mind the fact that the Appeal, being Appeal No. A/107/2015, filed by the Dealer of the Petitioner herein, against the same order, passed by the District Forum, is pending adjudication by the State Commission, and the interest of justice demands that the Petitioner should be granted an opportunity to have its say in its Appeal before the State Commission, though grant of such an opportunity is vehemently opposed by learned Counsel appearing for the Complainant.

Consequently, the Revision Petition is allowed; the impugned order is set aside; the delay of 67 days in filing of Appeal by the Petitioner is condoned; and the Appeal preferred by the Petitioner is restored to the Board of the State Commission for disposal on merits, along with the afore-noted Appeal filed by the Dealer, subject to the Petitioner paying to the Complainant costs of ₹25,000/-, before the State Commission.

Since the vehicle in question is stated to be lying with the Dealer since 2011, we request the State Commission to take a final decision in the said Appeals as expeditiously as practicable but not later than four months from the date of receipt of a copy of this order.

The parties/their Counsel are directed to appear before the State Commission on the date fixed, i.e. 06.09.2017, for further proceedings.