Case Law Details
Prof. (Mrs). Nelly Rodrigues Vs Branch Manager (NCDRC Delhi)
Conclusion: In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) have refused to condone the delay for 125 days as no ‘sufficient cause’ was shown because there was difference in oral submissions and the contents of the Application submitted.
Facts: In present facts of the case, an application praying for condonation of delay was made in filing the Revision Petition. There was delay of 125 days.
In support of this application, the oral submission was made that husband of the Petitioner who was suffering from terminal illness at the relevant time, on account of which the Petitioner could not do the needful for the purpose of filing the Appeal in time. In addition, it was submitted by the Ld. Counsel for the Petitioner that he had misplaced the documents in his office premises, which could be located only around 15.10.2018. But the first oral submission made by the Ld. Counsel for the Petitioner does not tally with the grounds mentioned in Para 4 of the application, which are set out as below-
“4. At the outset, the Petitioner submits an unconditional apology for the delay. It is submitted that the Petitioner during that time after the impugned order, was diagnosed with spinal stenosis and therefore, was undergoing treatment for the same in Goa. Therefore, the Petitioner was able to send instructions and engage a counsel in New Delhi only after he was treated for the same. The Petitioner is ready to submit the medical documents in support of the application, if and when, the same will be required by the Hon’ble Commission.”
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