Procedural Red Tape And Bureaucratic Delays Inadmissible As Reasons For Condonation Of Delay: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Hubli Electricity Company, citing that the mere presence of bureaucratic procedural delays and red tape cannot be accepted as a valid justification for the condonation of delay in filing an appeal/petition. Brief Facts of the Case Hubli Electricity Supply Company...
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Hubli Electricity Company, citing that the mere presence of bureaucratic procedural delays and red tape cannot be accepted as a valid justification for the condonation of delay in filing an appeal/petition.
Brief Facts of the Case
Hubli Electricity Supply Company Ltd/the petitioner, a state government company, filed the revision petition against the State Commission's order, which was an appeal against the District Forum's order filed by the respondent. The petitioner filed the revision petition after a significant delay of 341 days calculated by the court's registry and submitted an application seeking condonation of the delay citing administrative delay.
Observations by the Commission
The commission referred to the Supreme Court's ruling in Office of the Chief Post Master General & Ors. vs. Living Media India Ltd. & Anr., where it was observed that government departments cannot claim a separate period of limitation when they have competent persons familiar with court proceedings. The mere claim of procedural red tape cannot be accepted as an explanation for the delay. The commission further observed the Supreme Court's ruling in Sridevi Datla vs. Union of India & Ors., which highlighted that there cannot be a universal formula to judge whether sufficient cause has been shown for condonation of delay, and each case has to be balanced based on its facts and surrounding circumstances. The commission observed that the grounds given for condonation of delay were not convincing, and the petitioner had not explained the delay for such a long period.
Consequently, the application for condonation of delay was dismissed, and the revision petition was also dismissed as being barred by limitation.
Case Title: Hubli Electricity Supply Company Ltd. & Anr Vs. Irappa Hanamappa Shebannavar
Case Number: R. P. No. 1115/2022