An adverse order can passed against any consumer, builder, insurance company, bank, hospital, manufacturer/service provider etc by the State Consumer Commission. The aggrieved party may want to file an appeal against such order before the National Consumer Disputes Redressal Commission (“NCDRC”).
Lets say the time period to file an appeal has already expired. What options does that party have to file an appeal before NCDRC? Can they still file an appeal? Yes. But the party would then have to appease the NCDRC with a well drafted application for condonation of delay in NCDRC appeal . Such a late filing party would have to establish that there was sufficient cause for not filing the appeal within time.
Section 51 Consumer Protection Act, 2019 has a general limitation of 30 days to prefer an appeal before the National Commission against an order of the State Consumer Commission which are appealable.
However NCDRC may entertain an appeal after the expiry of the said 30 days if the appellant satisfies the NCDRC that there was sufficient cause for not filing it within the specified period.
What Does Condonation of Delay in an NCDRC Appeal Mean?
When you pray for condonation of delay, you are asking the NCDRC to forgive you for the delay in filing the appeal. Condonation of delay is not extension of limitation nor does it guarantee that your appeal will be admitted.
Reasons for delay have to be stated by the applicant in an application accompanied by affidavit. Whether the cause shown is sufficient cause and whether the appellant has acted bonafide and with due diligence is investigated by the Commission.
Sometimes NCDRC may dispose of your application for condonation of delay first itself even if your appeal is rock solid. Only if your delay is condoned will NCDRC entertain the substantive reasons for interfering with the order passed by the State Commission.
Why Should Every Material Period of Delay Be Explained?
A delay-condonation application should have an acceptable and consistent chronology from the date when limitation expired till the date of filing of appeal.
For example if you got the order in January, discussed it with your lawyer in February and finally filed your appeal in June. You would have to explain the delay between January and February and also the delay between February and June.
There should not be any gaps in the chronology. Advocate BK Singh will help you go through the entire chronology and help you figure out if you have any medical certificates, certified-copy judgments, pleadings, internal memos etc to support your explanation.
Which Reasons May Support Condonation of Delay?
Reasons such as serious illness, hospitalization, late receipt of order, pressing private obligations or a proven administrative impediment may be grounds to justify the petition.
The company can even explain delay in their internal approval process, however routine routing of the order through internal administrative channels may not be excused everytime.
The delay must demonstrate that it was not deliberate and that it also was not the result of completely negligent actions. Once the obstruction was gone, the petitioner should also demonstrate that he took all steps that might be expected of him and that he did not delay further without good reason.
Prior to Meeting With Advocate BK Singh, We Advise Our Clients to Gather:
- Copy Of Order Of The State Commission.
- Notice Of Receipt Date Of Order.
- Application (with delivery details) & Order Certified-copy.
- Medical records/Hospitals proofs if any. Emails/Correspondence.
- Firm approvals if any. Date wise Chronology.
- Copies Of Documents Which Will Be Used For Appeal Filing.
Can a Strong Appeal Automatically Cure the Filing Delay?
NO. Meritorious case is not a reason to reject limitation objection as such.
Memo of appeal and delay-condonation application serve different purposes. While appeal memo informs NCDRC why order passed by State Commission ought to be set aside or varied; delay application informs NCDRC why appeal was not filed within time.
Both these documents have to be drafted carefully. Appellant cant take for granted that NCDRC will condone delay only because large amount is involved or order passed by State Commission is manifestly incorrect.
Better consult Advocate BK Singh at the outset itself.
He will let you know if the proposed appeal involves any sustainable legal points and whether sufficient material is available for condonation.
Is a Statutory Deposit Required Before the Appeal Is Entertained?
Where appellant has been directed by State Consumer Commission to pay certain amount, section 51 says that 50% amount has to be deposited before filing appeal.
Cond. of delay appln. & deposit amount are two different legal technicalities. If we file only condonation application then they may raise more objections on seeing that you have not taken into account statutory condition of deposit.
See the requirement actually from the words of impugned order, nature of appeal & relief prayed for. BK Singh can see these things before finalising papers.
When Should You Consult Advocate BK Singh?
Always Consult a lawyer as soon as you receive the order from the State Commission. Experts suggest going through the order at the earliest when:
- 30 days are nearing completion.
- The time period has already expired.
- Order was served to you beyond time.
- Certified copy not received/available with you.
- Execution proceedings are started against you.
- Order is Monetary.
- Proper remedy not known from NCDRC.
- Order needs many levels of approvals from the company.
Now clients from Delhi NCR region as well as all over India can seek help from Advocate BK Singh for NCDRC appeal limitation, order review and late filing.
How Can Advocate BK Singh Assist With a Delayed NCDRC Appeal?
BK Singh & NCDRC Lawyers provide pre-mediation consultation/legal services for filing of Limitation & Delay-condonation applications in National Consumer Disputes Redressal Commission.
- Analysis of orders passed by State Commission.
- Calculation of relevant limitation period.
- Identification of correct appeal/other remedy.
- Compilation of date wise chronology.
- Scrutiny of evidence which you can rely upon.
- Drafting of condonation application and affidavit.
- Drafting / Reviewing of memorandum of appeal.
- Verify if there is requirement of statutory deposit.
- Filing and appearance before NCDRC.
You can find more detailed help on our service page NCDRC limitation & delay condonation.
The purpose of this consultation is not to assure you that condonation would be obtained. BK Singh will examine your facts and opine on whether there is a legally supportable reason for the delay and if so how to make such filing effective and professionally.
What Should You Do Immediately After Discovering the Delay?
Don't waste any more time.
Obtain a copy of the order and mark date and how it was received. File all correspondence and create a simple timeline. Don't change dates, create stories or rely on gossip.
Then meet with Advocate BK Singh so we can assess the correct remedy, statute of limitations issue and supporting documents.
Frequently Asked Questions
1. Within what time appeal has to be filed in NCDRC?
Order appealable under Section 51(1) of Consumer Protection Act, 2019 has to be filed within 30 days from the date of order passed by State Commission. Above information is general one and actual limitation period and remedy can be ascertained only after analysing the order.
2. Can appeal be filed after 30 days before NCDRC?
Yes. Appeal can be filed after 30 days alongwith request (for purpose of condoning delay) in application. Appellant has to establish reasonable cause for not filing appeal within stipulated time.
3. Is forgiveness of delay granted automatically?
No. It is upon the discretion of the Commission whether delay is to be forgiven or not. Commission would look into the explanation offered by appellant, documents submitted, how long the delay is and conduct of the appellant.
4. What documents would be required for filing of application along with seeking forgiveness for delay?
Impugned order, receipts, certified-copy of record, medical records if any, correspondence (if any), Documents which establish your internal approval process and date to date events are needed.
5. Can sickness be a reason for forgiveness?
Yes. But it has to be serious sickness. Period of sickness should correspond to period relevant to delay. Proper medical documents should be able to prove the same. Sickness certificate along with appeal has high chances to be dismissed.
6. Can delay in getting approval internally from your company be a ground to forgive delay in filing appeal?
Yes. If Appellant is able to prove that file has been moving as usual and he has documents to prove that. Casual delay by office cannot be accepted and would be pulled up for same.
7. If forgiveness is granted, does it mean that my appeal is allowed?
No. Forgiveness of delay is just a process to file a delayed appeal and get it admitted by the Commission. Once delayed appeal is admitted, same is examined on merits and decided subsequently without paying attention to delay and reason for delay.
8. Do we have to deposit 50% amount directed by State commission in NCDRC during appeal?
Yes. If appellant has been directed by State Commission's order to deposit certain amount then 50% of that amount becomes as deposit while filing appeal under Section 51.
9. Can Advocate BK Singh help consumer who is not from Delhi?
Yes. Advocate BK Singh can help consumers from Delhi NCR as well as India (outside NCR) for their NCDRC Appeal depending upon facts and terms of your agreement.
10. How can I get in touch with Advocate BK Singh for delayed appeal?
Drop us order of State Commission passed against you, copy of receipt showing amount paid, proposed appeal papers which you intend to file and documents which prove your reason of delay to Advocate BK Singh.
We would then discuss reason for delay, issue of limitation whether appeal is maintainable, evidence required, statutory deposit that would be required and how we can help you with your NCDRC Appeal.
Conclusion
Condonation of delay is pleaded by filing an appeal before NCDRC Lawyers after the prescribed period of limitation is over.
It is in the nature of discretionary remedy, under which National Commission exercises its discretion to entertain an appeal after the expiry of prescribed period of limitation on receiving a sufficient cause from the side of appellant for not filing it within time.
