Case Note & Summary
The petitioner, Deepak Sharma, filed a consumer complaint (Case No. 153/2021) before the District Consumer Disputes Redressal Commission, Jaipur-First, on 30.03.2021. Notices were ordered to be issued, but the advocate was required to present envelopes for the purpose. The case was listed on several dates (06.09.2021, 01.09.2022, 18.11.2022) for doing needful, but the envelopes could not be presented due to the COVID-19 pandemic and court closures. Consequently, the complaint was dismissed for non-prosecution. The petitioner filed an appeal against this dismissal. The National Consumer Disputes Redressal Commission considered the application in support of the appeal, which ran into 6 paragraphs. The Commission found that the delay was caused by the pandemic, which was beyond the control of the petitioner and his advocate. It held that the dismissal was not justified and that the complaint should be restored. The Commission allowed the appeal, set aside the dismissal order, and restored the complaint to its original number, directing the District Commission to proceed with the matter in accordance with law.
Headnote
A) Consumer Law - Restoration of Complaint - Dismissal for Non-Prosecution - Sufficient Cause - COVID-19 Pandemic - The petitioner filed a complaint before the District Commission which was dismissed for non-prosecution due to the advocate's inability to present envelopes for notice issuance. The Commission held that the COVID-19 pandemic conditions and court closures constituted sufficient cause for the delay, and restored the complaint to its original number. (Paras 1-6)
B) Consumer Law - Limitation - Condonation of Delay - Liberal Approach - The Commission emphasized that in consumer matters, a liberal approach should be adopted in condoning delays, especially when the delay is attributable to circumstances beyond the control of the party, such as the pandemic. (Paras 1-6)
Issue of Consideration
Whether the dismissal of the complaint for non-prosecution due to the advocate's failure to present envelopes on time was justified, and whether the delay caused by the COVID-19 pandemic constitutes sufficient cause for restoration.
Final Decision
The appeal is allowed. The order dismissing the complaint for non-prosecution is set aside. The complaint is restored to its original number. The District Commission is directed to proceed with the matter in accordance with law.
Law Points
- Restoration of complaint
- Sufficient cause for delay
- COVID-19 pandemic as force majeure
- Liberal approach in consumer matters
Case Details
2025 LawText (NCDRC) (01) 22
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Nature of Litigation
Appeal against dismissal of consumer complaint for non-prosecution.
Remedy Sought
Restoration of the complaint dismissed for non-prosecution.
Filing Reason
The complaint was dismissed because the advocate could not present envelopes for notice issuance due to COVID-19 pandemic and court closures.
Previous Decisions
The District Consumer Disputes Redressal Commission, Jaipur-First, dismissed the complaint for non-prosecution.
Issues
Whether the dismissal of the complaint for non-prosecution was justified.
Whether the delay caused by the COVID-19 pandemic constitutes sufficient cause for restoration.
Submissions/Arguments
The petitioner submitted that the complaint was filed on 30.03.2021 and notices were ordered, but the advocate could not present envelopes due to the COVID-19 pandemic and court closures.
The case was listed on multiple dates but the needful could not be done due to the pandemic.
Ratio Decidendi
The delay caused by the COVID-19 pandemic and court closures constitutes sufficient cause for restoration of a complaint dismissed for non-prosecution. A liberal approach should be adopted in consumer matters to ensure that cases are decided on merits rather than on technicalities.
Judgment Excerpts
The application which has been filed in support of the appeal runs in 6 paragraphs which are extracted herein under:
That, the aforesaid complaint Case No. 153/2021 filed by the applicant before the District Consumer Disputes Redressal Commission Jaipur-First on 30.03.2021 notices were ordered to be issued by the Hon'ble Commission but the envelops for the purpose required to be presented by the Advocate could not be presented by him to do needful in the matter.
That, thereafter the case was listed on 06.09.2021, 01.09.2022, 18.11.2022 for doing needful in the matter.
That, in this regard it is respectfully submitted that because of CARONA Pandemic conditions the court were almost closed during...
Procedural History
The petitioner filed a consumer complaint (Case No. 153/2021) before the District Consumer Disputes Redressal Commission, Jaipur-First on 30.03.2021. Notices were ordered, but the advocate could not present envelopes. The case was listed on 06.09.2021, 01.09.2022, and 18.11.2022 for doing needful. The complaint was dismissed for non-prosecution. The petitioner filed an appeal before the National Consumer Disputes Redressal Commission, which was allowed on 19.09.2025.
Acts & Sections
- Consumer Protection Act, 2019:
