Being aggrieved by the order passed by District Forum a litigent has filed appeal that too without prayer condonation of delay. The State Commission dismissed the appeal since no prayer for condonation of delay was made. What will be the fate of revision, since the appeal was not dismissed on merits ?
Section 21 of the Consumer Protection Act confers jurisdiction on the National Commission to set aside an order of a State Commission if it has failed to exercise jurisdiction vested in it by law. Proviso to section 15 of the Act nowhere says that an application for condonation of delay is mandatory. If there is sufficient material before the State Commission that there was sufficient cause for the appellant for not filing the appeal within prescribed period, it may entertain the appeal. Otherwise also, now a days the Superior Courts are laying stress on deciding the lis on merits instead of technical grounds. So, if the matter is good on merits, the revision may be allowed.