Heard learned counsel for the parties.
By the impugned order, the National Consumer Disputes Redressal
Commission [for short, “the National Commission”] summarily dismissed the
complaint filed by the appellant on the ground that the same was barred by
limitation.
Undisputedly, the National Commission dismissed the complaint without
even issuing notice to the respondent. Upon a perusal of a complaint, it cannot be said
that the complaint was barred by the limitation, per se. Therefore, the National
Commission was not justified in summarily dismissing the complaint on that ground
and that too without taking note of the fact that the appellant had also filed a petition
for condonation of delay. This being the position, the impugned order is liable to be
set aside.
Accordingly, the appeal is allowed, impugned order is set aside and the
matter is remitted to the National Commission. Now, the National Commission shall
first issue notice to the respondent in the matter of limitation and pass
appropriate order after giving opportunity of hearing the parties on the question of
limitation. If that question is decided in favour of the appellant, then the National
Commission shall decide the matter on merit.
[G.S. SINGHVI] New Delhi, January 19, 2009.