Heard Mr. Navneet Kumar learned Counsel for the Revisionist. He submitted that the learned Delhi State Consumer Disputes Redressal Commission has dismissed the first appeal in limine on the point of delay of 24 days. He has not been provided opportunity of being heard on merits though he explained the delay. He relied upon the judgment of Hon’ble Supreme Court passed in Civil Appeal No.6723 of 2019 whereby the Hon’ble Supreme Court has observed that the Court should take liberal view in condonation of delay. He specifically relied upon on following Para:

“We may consider it apposite to observe that the Commission while declining to condone the delay placed reliance on the decision of this Court in Ram Lal & Ors.vs. Rewa Coalfields  Limited, AIR 1962 SC 361. However, the later decision of this Court in Collector, Land Acquisition, Anantnag & Anr. vs. Mst Katiji & Ors. (1987) 2 SCC 107 has held that in matter of condonation of delay, the Court should take liberal view. In our view, the Commission should have, therefore, taken note of subsequent decisions of this Court also on the issue of condonation of delay.”

          He submitted that delay was caused as he has not received the free copy from the DCDRC (East), Saini Enclave, Govt. of NCT of Delhi. Therefore, the Revisionist applied for certified copy and got prepared the first appeal and filed. The delay was not deliberate, hence, the State Commission should not have dismissed its appeal in limine. The learned Counsel for the Revisionist prayed to set aside the order passed by the State Commission and to direct the State Commission to hear the Parties on merits after giving notice to both the Parties.

          Considered the arguments and gone through the relevant documents and also the impugned order passed by the State Commission. For the sake of justice it appears just to set aside the impugned order dated 10.04.2024.  The State Commission is directed to hear the matter on merits after giving the notice to both the Parties. The Revisionist shall appear before the State Commission on 07.10.2024.

          This Revision Petition is disposed off accordingly.