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NCDRC To Adopt Liberal View In Matters Of Condonation Of Delay
National Consumer Dispute Redressal Commission dismissed the revision petition filed by the appellant on the ground of delay. The appellants made a delay of 207 days in filing a revision petition. The commission has dismissed the petition as being barred by limitation and no case is made out to condone the delay. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra set aside an order of National Consumer Disputes Redressal Commission which had refused to condone a delay of 207 days in filing the revision petition before it. In our opinion, keeping in view the averments and the grounds alleged in the application for condonation of delay, which we have perused, we are satisfied that it constitutes a sufficient cause within the meaning of Section 5 of the Limitation Act. The Commission while condoning the delay has taken the case of Ramlal vs. Rewa Coalfields Ltd., 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. The Supreme court held that the appeal is accordingly allowed. The impugned order is set aside. The delay in filing the revision petition before the Commission is condoned. The revision petition is held to be within time. The Commission is requested to hear the Revision on merits after notice to the respondents in accordance with law. The Supreme Court has reiterated that, in matter of condonation of delay, the Consumer Commission should take liberal view.
