It is axiomatic that condonation of delay is a matter of discretion of the Court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Length of delay is no matter, acceptability of the explanation is the only criterion. Sometimes delay of the shortest range may be uncondonable due to a want of acceptable explanation whereas in certain other cases, delay of a very long range can be condoned as the explanation thereof is satisfactory. Once the Court accepts the explanation as sufficient, it is the result of positive exercise of discretion and normally the superior Court should not disturb such finding, much less in revisional jurisdiction, unless the exercise of discretion was on wholly untenable grounds or arbitrary or perverse.
Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint.
We have also been repeatedly observing that marginal delays are not being condoned by the NCDRC on the ground that the Consumer Protection Act 1986 stipulates a period within which a consumer complaint has to be disposed of. Though the Act stipulates a period for disposing of a consumer complaint, it is also a sobering reflection that complaints cannot be disposed of due to non-availability of resources and infrastructure. In this background, it is harsh to penalise a bona fide litigant for marginal delays that may occur in the judicial process. The consumer fora should bear this in mind so that the ends of justice are not defeated.
we are of the opinion that the delay in filing the instant appeal has not been explained properly as required and the same is also not bona fide Tripura State Consumer Disputes […]
It must be borne in mind that Consumer Protection Act, 1986 lays down its own period of limitation.
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