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1 - 10 of 14 (1.73 seconds)Consumer Education & Research Society & ... vs New India Assurance Co. Ltd. & Ors. on 13 December, 2007
Consumer Education & Research Society & Anr. v. New India
Assurance Co. Ltd. & Others, Revision Petition No.2721 of 2007
decided by the National Commission on 13.12.2007; Smt. Sharda D.
// 3 //
Kamble & Anr. v Dr. Shanti Kumar Chivade, First Appeal No.436 of
2005 decided by the National Commission on 25th January, 2008.
National Insurance Company Ltd. vs Shri P. Rangaswamy on 11 November, 2013
In Revision Petition No.1616 of 2011 - National Insurance
Company Ltd. Vs. Shri P. Rangaswamy & anr., decided on 11.11.2013,
Hon'ble National Commission held thus :
Manindra Land And Buildingcorporation ... vs Bhutnath Banerjee And Others on 2 May, 1963
embraces no more than that which provides a platitude, which
when the act done suffices to accomplish the purpose intended in
the facts and circumstances existing in a case, duly examined
from the view point of a reasonable standard of a cautious man.
In this context, "sufficient cause" means that the party should
not have acted in a negligent manner or there was a want of bona
fide on its part in view of the facts and circumstances of a case or
it cannot be alleged that the party has "not acted diligently" or
"remained inactive". However, the facts and circumstances of
each case must afford sufficient ground to enable the Court
concerned to exercise discretion for the reason that whenever the
Court exercises discretion, it has to be exercised judiciously. The
applicant must satisfy the Court that he was prevented by any
"sufficient cause" from prosecuting his case, and unless a
satisfactory explanation is furnished, the Court should not allow
the application for condonation of delay. The court has to
examine whether the mistake is bona fide or was merely a device
to cover an ulterior purpose. (See: Manindra Land and Building
Corporation Ltd. v. Bhootnath Banerjee &Ors., AIR 1964 SC
1336; Lala Matadin v. A.Narayanan, AIR 1970 SC 1953;
Parimal v. Veena alias Bharti AIR 2011 SC 1150 : (2011 AIR
SEW 1233); and Maniben Devraj Shah v. Municipal
// 6 //
Corporation of Brihan Mumbai, AIR 2012 SC 1629 : (2012 AIR
SCW 2412.)
Parimal vs Veena @ Bharti on 8 February, 2011
embraces no more than that which provides a platitude, which
when the act done suffices to accomplish the purpose intended in
the facts and circumstances existing in a case, duly examined
from the view point of a reasonable standard of a cautious man.
In this context, "sufficient cause" means that the party should
not have acted in a negligent manner or there was a want of bona
fide on its part in view of the facts and circumstances of a case or
it cannot be alleged that the party has "not acted diligently" or
"remained inactive". However, the facts and circumstances of
each case must afford sufficient ground to enable the Court
concerned to exercise discretion for the reason that whenever the
Court exercises discretion, it has to be exercised judiciously. The
applicant must satisfy the Court that he was prevented by any
"sufficient cause" from prosecuting his case, and unless a
satisfactory explanation is furnished, the Court should not allow
the application for condonation of delay. The court has to
examine whether the mistake is bona fide or was merely a device
to cover an ulterior purpose. (See: Manindra Land and Building
Corporation Ltd. v. Bhootnath Banerjee &Ors., AIR 1964 SC
1336; Lala Matadin v. A.Narayanan, AIR 1970 SC 1953;
Parimal v. Veena alias Bharti AIR 2011 SC 1150 : (2011 AIR
SEW 1233); and Maniben Devraj Shah v. Municipal
// 6 //
Corporation of Brihan Mumbai, AIR 2012 SC 1629 : (2012 AIR
SCW 2412.)
Ludhiana Improvement Trust vs Ms. Harpreet Kaur on 9 December, 2013
In Ludhiana Improvement Trust vs. Ms. Harpreet Kaur, 2013
(4) CPR 848 (NC), Hon'ble National Commission observed thus :-
E.I.C.M. Exports Ltd vs South Indian Corpn. (Agencies) ... on 21 July, 2009
M. Krishnamurthy, AIR 1998 Supreme Court 3222; E.I.C.M. Exports
Ltd. v. South Indian Corpn. (Agencies) Ltd. & Another [2011] 7 RCR
(Civ) 32/[2009] 14 SCC 412 / [2009] 10 Scale 22 / [2009] 0 AIR (SC) 3127 /
[2009] 7 SCJ 410 / [2009] 7 MLJ (SC) 518 / [2009] 3 CPJ (SC) 73 / [2009] 6
AIILJ 458 / [2009] 16 JT 425; National Insurance Company Limited &
Anr. v. Dilbagh Rai Sharma, I (2005) CPJ 355 decided on 28.07.2004 by
Union Territory Consumer Disputes Redressal Commission,
Chandigarh; Collector, Land Acquisition, Anantnag and another.
N. Manohar Reddy vs Happy Farm And Resorts on 29 October, 2013
In N. Manohar Reddy v. Happy Farm and Resorts, I (2014) CPJ
149 (NC), Hon'ble National Commission held thus :-
Cicily Kallarackal vs Vehicle Factory on 6 August, 2012
30. Decision of Anshul Aggarwal (supra), has been reiterated in
Cicily Kallarackal v. Vehicle Factory, IV (2012) CPJ 1(SC)
wherein Hon'ble Supreme Court observed :
Shri R.K. Aggarwal vs Cce, Noida on 3 September, 2009
4. This Court in Anshul Aggarwal v. NOIDA, (2011)
CPJ 63 (SC), has explained the scope of condonation of delay
in a matter where the special Courts / Tribunals have been
constituted in order to provide expeditious remedies to the
person aggrieved and Consumer Protection Act, 1986 is one of
them. Therefore, this Court held that while dealing with the
application for condonation of delay in such cases the Court
must keep in mind the special period of limitation prescribed
under the statute(s).