Case Note & Summary
The National Consumer Disputes Redressal Commission (NCDRC) heard a second appeal filed by Dell International Service India Ltd against the order of the State Consumer Disputes Redressal Commission, Kerala, dated 20.05.2025. The State Commission had dismissed the appellant's first appeal on the ground of limitation, as it was filed with a delay of 65 days. The District Commission had earlier allowed the complaint and directed the appellant to replace the monitor (Dell E221HN) with a new one of the same specifications and pay Rs.30,000 as compensation and Rs.30,000 as litigation costs. During the hearing before NCDRC, the appellant's counsel stated that as a goodwill gesture, the appellant was willing to replace the monitor but wished to contest the quantum of compensation and litigation costs, which they considered exorbitant. NCDRC, after considering the facts and circumstances, condoned the delay of 65 days and remanded the matter back to the State Commission for fresh disposal on merits, but only on the limited aspect of whether any compensation and litigation costs are payable and, if so, the quantum thereof. The State Commission was directed not to re-open the issue of replacement of the monitor, as the appellant had given an undertaking to replace it within one month. The NCDRC also directed its registry to send a copy of the order to both sides within one week.
Headnote
A) Consumer Law - Condonation of Delay - Limitation - Section 15 of Consumer Protection Act, 2019 - Appeal dismissed by State Commission on ground of limitation due to delay of 65 days - NCDRC condoned the delay considering the facts and circumstances and remanded the matter to State Commission for fresh disposal on merits on the limited aspect of quantum of compensation and litigation cost - Held that delay of 65 days can be condoned (Paras 2-4). B) Consumer Law - Remand - Limited Scope - Section 15 of Consumer Protection Act, 2019 - Appellant consented to replace the defective monitor with a new one - State Commission directed not to re-open the issue of replacement and to consider the appeal only on the quantum of compensation and litigation cost - Held that the appeal shall be confined to the limited aspect of compensation and litigation cost (Para 4).
Issue of Consideration
Whether the delay of 65 days in filing the appeal before the State Commission should be condoned and whether the matter should be remanded for fresh disposal on merits on the quantum of compensation and litigation cost.
Final Decision
NCDRC condoned the delay of 65 days, set aside the State Commission's order, and remanded the matter to the State Commission for fresh disposal on merits limited to the quantum of compensation and litigation cost. The appellant was directed to replace the monitor within one month as per its undertaking.
Law Points
- Condonation of delay
- Limitation
- Consumer dispute
- Remand
- Limited scope of appeal
