The Apex Court of India repeated that in the matter of amnesty of delay, the consumer commission should take a liberal view. The divisional bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra set aside the order of the National Consumer Disputes Redressal Commission which refused to forgive the delay of 207 days in filing the revision petition filed before it.
The commission had taken the reference of the old judgement given by the Supreme Court of India—Ramlal V. Rewa Coalfields Ltd, wherein the commission said that the petitioner had properly explained the delay, and hence there is no such case can be made out to condone of delay.
After disagreeing with the commission, the Supreme Court of India said, while keeping in view of the judgement of Hemlata Verma V. ICICI Prudential Life Insurance Company Ltd, that it must consider the opposite to observe that the commission, which declined to forgive the delay, placed reliance on the decision of this court in Ramlal V Rewa Coalfields LTD. Case. The bench said that in our view the commission should have, therefore, taken note of the subsequent decision of the of this court on the issue of amnesty of delay.
Tags : #Legal