Petitioner filed the appeal before the State Commission with an application to condone the delay under Section 5 of the Limitation Act, 1963 to condone the delay, which has been dismissed by observing that the Limitation Act is not applicable to the proceedings under the Consumer Protection Act, 1986. Limited notice for today was issued to the respondent as to why the impugned order be not set aside and the case remitted back to -2- the State Commission to decide the application for condonation of delay in accordance with law. Petitioner was directed to pay a sum of Rs.7,000/- to the respondent towards litigation expenses which have been paid to the respondent. Respondent has been duly served. Respondent has sent his reply to the show cause notice. In his reply, the respondent has stated that he does not object to the setting aside of the impugned order and remittance of the case to the State Commission to decide the application for condonation of delay in accordance with law. We do not agree with the order passed by the State Commission. The State Commission has clearly erred in holding that the Limitation Act is not applicable to the proceedings under the Consumer Protection Act, 1986. Limitation Act is a generic law, which applies to all the proceedings in courts. This apart, under the Consumer Protection Act, 1986 itself the power is vested in the State Commission to condone the delay in filing the appeal. The State Commission should have considered the application for condonation of delay and pass an appropriate order either condoning the delay or -3- not condoning the delay. The observation made by the State Commission that the Limitation Act is not applicable is patently erroneous. Order of the State Commission is set aside and the case is remitted back to the State Commission to decide the application for condonation of delay in accordance with law taking into consideration the provisions of the Consumer Protection Act, 1986 as well as the Limitation Act. Petitioner through its counsel is directed to appear before the State Commission on 19.05.2011. Copy of this order be sent to the respondent with a direction to appear before the State Commission on the date fixed. In case the respondent appears before the State Commission, the State Commission is directed to dispose of the application/appeal, within six months from the first date of appearance of the respondent and in case, the respondent does not appear on the date fixed, then the State Commission is directed to serve the respondent and, thereafter, dispose of the application/appeal within six months from the date of appearance of the respondent before the State Commission. -4- Revision petition stands disposed of in above terms. | 
