Facts
The respondent’s consumer complaint against the petitioner-contractor was decided ex parte by the District Consumer Forum on 26 July 2019, which directed payment of ₹5,39,000 with interest, compensation and costs, and return of three cheques
Source reference: para. 2The petitioner said it learned of the order through execution proceedings, then filed an appeal with a delay of about 155 days; the State Commission dismissed the appeal as time-barred on 22 April 2022
Source reference: paras. 2, 4The National Commission dismissed the petitioner’s revision on 6 February 2024, finding a 456-day delay insufficiently explained
Source reference: paras. 4–5The petitioner challenged that decision under Article 227, seeking a fresh hearing of the consumer complaint
Source reference: paras. 1–2The High Court also noted that the writ petition was filed more than two and a half years after the National Commission’s order, without a sufficient explanation for that delay
Source reference: para. 6Issues
1. Whether the National Commission’s refusal to condone the delay in filing the revision disclosed a ground for interference under Article 227 of the Constitution
Source reference: paras. 7, 92. Whether the petitioner established sufficient cause for the delay in filing the writ petition itself
Source reference: paras. 6, 9Law Applied
Article 227 confers supervisory, not appellate, jurisdiction: interference is warranted sparingly to correct jurisdictional error, grave dereliction, flagrant violation of fundamental principles, or a perverse finding, and not merely to substitute the High Court’s view for that of the tribunal
Source reference: paras. 7–8The Court also relied on *Estralla Rubber v. Dass Estate (P) Ltd.* for the limits of supervisory review
Source reference: para. 8In considering delay, the National Commission had relied on *Anshul Aggarwal v. NOIDA*, *Basawaraj v. Special Land Acquisition Officer*, *Lingeswaran v. Thirunagalingam*, *Brijesh Kumar v. State of Haryana* and *P.K. Ramachandran v. State of Kerala*
Source reference: para. 5The governing principle applied was that statutory limitation cannot be displaced absent a satisfactorily established sufficient cause
Source reference: para. 9Reasoning
The High Court found that the National Commission had considered and rejected the petitioner’s explanations—lack of knowledge of the State Commission’s order and time taken to arrange documents—giving reasons and applying Supreme Court authority
Source reference: paras. 5, 7, 9The petitioner demonstrated no perversity, jurisdictional error, procedural irregularity or manifest illegality warranting supervisory intervention; a desire to have the complaint decided on merits did not itself justify overlooking limitation
Source reference: paras. 7, 9The petitioner also failed to explain the substantial delay in approaching the High Court
Source reference: paras. 6, 9Holding
The Court held that no ground for interference under Article 227 had been established and declined to set aside the National Commission’s order
The writ petition was dismissed as devoid of merit, with no order as to costs
Source reference: para. 11Original Court PDF
M/S YUKTA CONSTRUCTIONvsSMT. REETA DHRUWE
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