Dell International Services India Private Limited Vs Adeel Feroze & Ors. (Delhi High Court)
Summary: Delhi High Court dismissed Dell International Services India Private Limited’s writ petition challenging the Delhi State Consumer Dispute Redressal Commission’s order affirming the District Commission’s refusal to condone delay in filing its written statement in Consumer Complaint Case No.113/2022. The summons was received by the petitioner on 23.12.2022, while the written statement was filed on 31.01.2023. The petitioner claimed that the documents served with the summons were incomplete and sought condonation of seven days’ delay. The District Commission examined the postal receipts, weight of the documents and postal charges and concluded that the complete set had been served. The State Commission found no material irregularity in that conclusion.
The High Court observed that Consumer Forums exercise judicial powers and are tribunals, and that an order passed in revisional jurisdiction attracts the High Court’s supervisory jurisdiction under Article 227. On merits, the Court reiterated that under Article 226 it does not substitute its own decision merely because another view is possible; interference is warranted where the forum below acts without jurisdiction, violates natural justice or takes a perverse or arbitrary view. The petitioner sought to rely upon screenshots of WhatsApp conversations to establish that complete documents had not initially been supplied.
