Read Time: 02 minutes

The Supreme Court has recently held that the question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice.

A bench of Justices Hemant Gupta and V Ramasubramaniam made these observations while condoning a delay of 67 days in filing the revision plea before the National Consumer Disputes Redressal Commission.

IndusInd Bank had approached the top court in appeal challenging the order passed by NCDRC whereby delay of 67 days in filing the revision before it, was not condoned.

"...we find that delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act, 1985. The question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice", the top court observed.

Accordingly, while allowing the appeal and setting aside the order passed by NCDRC, the matter has been remitted back to the NCDRC for decision on merits.

Case Title: MANAGER, INDUSIND BANK LIMITED & ANR. vs. SANJAY GHOSH