1.       This first appeal has been filed, with delay of 346 days, under Section 51 of The Consumer Protection Act, 2019 in challenge to the Order dated 06.01.2021 passed in complaint no. 374 of 2013 by the State Consumer Disputes Redressal Commission, Delhi.   

2.       A perusal of the record shows that the challenge is to an order of the State Commission vide which the complaint was dismissed for non-prosecution.

3.       Heard the learned counsel for the appellant (‘the complainant’) as well as learned proxy counsel for respondent who submits that he has instructions to argue the matter and his authorized in that regard. Perused the material on record, including the impugned Order dated 06.01.2021 of the State Commission and the memorandum of appeal as well as the application seeking condonation of delay.   

4.       It has been pointed out by learned counsel for the appellant that the impugned Order was passed on 06.01.2021 in the middle of the covid pandemic and the appeal has been filed on 17.01.2022.  Submission is that even the Hon’ble Apex Court has in its wisdom taken a liberal view of the matter and has issued directions from time to time to exempt the delay in such matters. Attention has been drawn to the judgements passed by Hon’ble Apex Court in this regard.

5.       In view of the totality of the facts and circumstances of the case and keeping in perspective the complete disruption of normal fabric of life as a result of covid pandemic for a long period of time the delay involved stands condoned.

6.      In order to facilitate better appreciation the impugned Order passed by the State Commission may be quoted hereinbelow:

06.01.2021

Present:                  None for the complainant.

C-374/13

            The perusal of the record reflects that the complainant is not interested in pursuing the present complaint case since no one has appeared for the last five dates i.e. 08.03.2019, 25.09.2019, 24.04.2020, 26.08.2020 and 11.11.2020.

 Even today no one has appeared on behalf of the complainant despite waiting. That being the situation, the present complaint stands dismissed in default for non-prosecution. 

File be consigned to record room.

7.       Learned counsel for the appellant has tried to explain the circumstances which led to the dismissal of the complaint in default.  It was submitted that the havoc created by the covid pandemic had caused complete disruption of the normal activities and fabric of life had gone into complete disarray.   Learned counsel has tried to explain the circumstances as a result of which even on previous dates the complaint or his representative could not appear.  Submission is that the matter has not been adjudicated on merits as the complaint was dismissed in non-prosecution.  If opportunity to present its case on merits is not provided the prejudice caused will be irreparable and the appellant shall be left remediless. 

          Learned counsel appearing for the respondent has opposed the submissions raised on behalf of the appellant and it has been submitted that it is not a case of single default and the appellant has shown his negligence even on previous occasion and, therefore, does not deserve sympathy.

8.       In the interest of justice, without making any observations on merits of the case lest it may cause any prejudice to either side and colour the vision of the State Commission, it is deemed expedient in the interest of justice that a further opportunity be provided to the appellant for adjudication of his complaint on merit in the State Commission, lest he be left remediless. Thus the Order dated 06.01.2021 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.

The complainant is sternly advised to conduct his case in the right earnest with diligence.

9.     The parties shall appear before the State Commission on 22.02.2024. The State Commission is requested to adjudicate the complaint on merit after providing adequate opportunity to both the parties to pursue the matter as per law.

10.     The Registry is requested to send a copy each of this Order to all parties in this appeal and to their learned counsel as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.