When delay in filing consumer complaint can be condoned?

Muneesh Devi v. U.P. Power Corpn. Ltd., (2013) 10 SCC 478

Ss. 24-A and 12 - Limitation - Dismissal of complaint on ground of delay alone - Sufficient cause for not filing complaint
within prescribed period - Consideration of, by Consumer Forums - Duty of Consumer Forums regarding - Exclusion of
time spent bona fide in prosecuting remedy before courts - Held, before admitting a complaint and issuing process,
Consumer Forum must be convinced that complaint was filed within period of limitation or that complainant has shown
sufficient cause for delay in filing complaint -
In instant case, complaint filed claiming compensation for death of her
husband by appellant after pursuing her case before civil court, High Court and Supreme Court pleading that cause for
claiming compensation was continuing - Appellant's husband was employed with Mahanagar Telephone Nigam Ltd.,
Delhi - On 5-2-2000 he suffered 85% burn injuries on his body due to sudden bursting of the transformer installed by R-1,
U.P. Power Corporation Ltd. - He succumbed to the injuries leaving behind the appellant and three minor children - After
admitting the complaint, National Commission dismissing complaint on ground of limitation - Legality - Held, National
Commission completely ignored fact that substantial time was consumed before civil court, High Court and Supreme
Court - Also, complainant is not well educated and she had throughout relied upon legal advice tendered to her - Neither
was it case of respondent nor was any material produced before National Commission to show that complainant had not
acted bona fide - Hence, held, this is a fit case for exercise of power to condone delay - Delay condoned and matter
remitted to National Commission for disposal on merits,

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