1.      These two Revision Petitions i.e. R.P. No.1677 of 2019 by Skoda Auto India P Ltd./OP2 and R.P. No.2189 of 2019 by Shiv Kumar Gupta/Complainant have been filed under Section ­­­21(b) of the Consumer Protection Act, 1986 (the “Act”) against impugned order dated 08.05.2019, passed by the State Consumer Disputes Redressal Commission, Delhi (‘State Commission’) in First Appeal No. 755 of 2008 wherein the State Commission dismissed the First Appeal as barred by limitation as also on merits.

2.      As per Office report, there is one day delay in filing the Revision Petition No.2189 of 2019.  Considering the circumstances of the case, the delay is condoned.

3.      For Convenience, the parties in the present matter are being referred to as position held in Consumer Complaint before the District Forum.

4.      Heard the learned Counsel for the Parties and perused the material available on record.

5.      The sole issue at hand is dismissal of the Appeal due to 18 days delay in filing and whether the State Commission having determined that the matter was time-barred could have proceeded to evaluate the merits of the case.

Top of Form

6.      In this regard, Hon’ble Supreme court in Singal Udyog v. National Insurance Co. Ltd., (2020) 19 SCC 154, held that the National Commission, having found that the appeal was barred by time, could not have dealt with merits of the matter. 

7.      The core issue revolves around the delay in filing the appeal before the learned State Commission. The learned District Forum's decision was rendered on 22.05.2008, establishing the limitation period for filing an appeal before the State Commission to be 45 days, expiring on 06.07.2008. However, Silverton Motors P. Ltd. filed the appeal on 24.07.2008.  Thus, there was delay of 18 days in filing of the Appeal before the State Commission.

Top of Form

8.      Given the circumstances of the case, the delay of 18 days in filing the appeal before the State Commission was not so significant to warrant its rejection solely on the basis of delay. Therefore, subject to paying a cost of Rs.25,000/- by M/s. Skoda Auto India P. Ltd./OP2 to Shiv Kumar Gupta/Complainant, the delay is condoned in preferring the First Appeal. The said cost should be disbursed directly to the Complainant by way of Demand Draft within four weeks from the receipt of the order.

9.      The impugned order dated 08.05.2019 passed by the learned State Commission is set aside, and First Appeal No.755 of 2008 is reinstated to its original number for disposal on merits, in accordance with law.

10.    The parties are directed to appear before the State Commission on 30.05.2024. Skoda Auto India P. Ltd./OP2 shall submit proof of the cost paid before the State Commission on the said date.

 11.   The Revision Petitions No.1677 and 2189 of 2019 are disposed of accordingly.

12.    All pending Applications, stand disposed of accordingly.