NCDRC Rejects Bureaucratic Delays and Procedural Red Tape as Excuses for Condonation of Delay

Case Title: Hubli Electricity Supply Company Ltd. & Anr Vs. Irappa Hanamappa Shebannavar
Case Number: R. P. No. 1115/2022

The National Consumer Disputes Redressal Commission, led by Dr. Inder Jit Singh, recently took a strong stance against bureaucratic hurdles delaying court proceedings in a case involving the Hubli Electricity Company. The company’s appeal was dismissed on the grounds that administrative delays should not be seen as a valid reason to delay filing a petition.

In the case at hand, the Hubli Electricity Supply Company, a state-run firm, was petitioning against an order from the State Commission. This order was itself an appeal against an original decision made by the District Forum. However, the electricity company’s petition was filed considerably late—341 days past the deadline, according to the court’s records. The company asked for this delay to be overlooked, attributing it to internal administrative delays.

The commission, however, didn’t find this argument compelling. It referred to a Supreme Court decision in the case of Office of the Chief Post Master General & Ors. vs. Living Media India Ltd. & Anr. The judgment in this case established that government departments, staffed by individuals well-versed in court proceedings, cannot have a separate set of rules when it comes to deadlines. The excuse of bureaucratic red tape was not considered a valid reason for delay.

Further, the commission also referred to the case of Sridevi Datla vs. Union of India & Ors. This case highlighted that there isn’t a one-size-fits-all approach to determining whether a delay can be excused. Each case needs to be evaluated based on its unique facts and circumstances. The commission found that in the present case, the reasons given for the delay were not convincing and lacked an adequate explanation for such a prolonged delay.

As a result, the commission rejected the application to condone the delay and dismissed the petition on the grounds that it was filed too late.

This ruling serves as a reminder that internal administrative issues should not be used as an excuse to delay legal proceedings. It highlights the importance of adhering to legal deadlines, even in the face of bureaucratic challenges.

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