Case Note & Summary
The case involves a second appeal before the National Consumer Disputes Redressal Commission (NCDRC) filed by Sushil Kumar against Extra Marks and Bajaj Finserve. The appellant, appearing in person, explained that his family faced compelling conditions: his spouse became critically ill and his brother suffered from cancer. He produced medical documents to substantiate the reasons for the delay in filing the appeal before the State Commission. The National Commission, after hearing the appellant, considered the submissions and found that the delay was due to sufficient cause. Consequently, the Commission set aside the order of the State Commission in FA/179/2025 and the order of the District Forum in CC/238/2021, restoring the complaint to its original number. However, the restoration was conditional upon the appellant depositing Rs.2,000/- in the Legal Aid Account of the District Forum within four weeks. The Commission clarified that non-compliance would result in automatic dismissal of the second appeal. The parties were directed to appear before the District Forum on 29.09.2025, and the appellant was to produce proof of deposit. The State Commission was requested to consider the matter as per law. The second appeal was disposed of accordingly, along with all pending interlocutory applications.
Headnote
A) Consumer Law - Condonation of Delay - Restoration of Complaint - Section 58(1)(a)(iii) of the Consumer Protection Act, 2019 - The appellant sought condonation of delay in filing the appeal before the State Commission, citing critical illness of his spouse and brother's cancer. The National Commission held that the medical documents and explanations constituted sufficient cause for the delay, and set aside the orders of the State Commission and District Forum, restoring the complaint to its original number subject to deposit of Rs.2,000/- in the Legal Aid Account of the District Forum within four weeks. (Paras 1-3)
Issue of Consideration
Whether the delay in filing the appeal before the State Commission should be condoned on account of the appellant's family medical emergencies, and whether the complaint should be restored to its original number.
Final Decision
The National Commission set aside the order of the State Commission in FA/179/2025 and the order of the District Forum in CC/238/2021, restored the complaint to its original number subject to deposit of Rs.2,000/- in the Legal Aid Account of the District Forum within four weeks. In case of non-compliance, the second appeal stands automatically dismissed. Parties to appear before the District Forum on 29.09.2025.
Law Points
- Consumer Protection Act
- 2019
- Section 58(1)(a)(iii)
- Limitation
- Condonation of delay
- Sufficient cause
- Restoration of complaint
