Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3556 OF 2009
(Arising out of S.L.P. (C) No.9581 of 2005)
Girish Chandra Aggarwal ...Appellant(s)
Versus
Ramesh Prasad ...Respondent(s)
O R D E R
Leave granted.
By the impugned order, the National Consumer Disputes Redressal
Commission [for short, “National Commission”] has dismissed the revision
application against the order passed by the State Consumer Disputes Redressal
Commission [for short, “State Commission”] whereby the State Commission refused
to condone the delay in filing the appeal.
Having heard learned counsel for the parties and perused the records, we
are of the view that the State Commission was not justified in refusing to condone the
delay.
Accordingly, the appeal is allowed, impugned orders are set aside and
delay in filing the appeal before the State Commission is condoned. Now, the State
Commission shall decide the appeal on merits in accordance with law after giving
opportunity of hearing to the parties.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
......................J.
[DR. B.S. CHAUHAN]
New Delhi,
May 14, 2009.