District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission

The Uttar Pradesh State Consumer Disputes Commission by a recent judgment in the case of Balrampur Nursing Home vs. Shri Dhokhai while allowing a revision petition has held that as per the provisions contained in S. 69 of the Consumer Protection Act 2019, it is imperative for the District Consumer Forums to decide the Applications for Condonation of Delay as a preliminary issue before proceeding to decide the complaint on merits. Against this order, the opposite parties approached the court in revision with the prayer that the order passed must be set aside and a direction must be issued to the District Consumers Commission to decide the issue of limitation first as the complaint had been filed beyond the limitation prescribed under the Consumers Protection Act. The Hon'ble Commission agreed with the submission of the revisionist that the language of S. 69 of the Consumer Protection Act 2019, in as much as it states that the Consumer Commissions "shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen" is pre-emptory in nature and therefore the question of limitation has to be adjudicated as a preliminary issue and the Consumer Courts have to record their reasons for condoning such delay before proceeding to decide the complaint itself on merits. The complaint is admittedly filed after a gap of nine years, therefore, it is the duty of the District Consumer Commission to consider the delay condonation application first and decide the same before proceeding to decide the complaint itself on merits."