Girish Chandra
Aggarwal Vs. Ramesh Prasad [2009] INSC 1068 (14 May 2009)
Judgment
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.
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