Summary
The Court restored a consumer complaint dismissed automatically for failure to file a rejoinder and evidence within the final time granted. Inferring lack of merit from that delay was unwarranted. Consumer fora must advance access to justice and avoid defeating substantial justice through technical dismissals or harsh treatment of bona fide litigants for marginal procedural delays.
Issues
- Whether dismissal for delayed filing of the rejoinder and evidence should stand in the circumstances.
Held
- The rejection was technical and disregarded substantial justice. Delay in filing did not justify an inference that the complaint lacked merit. (¶ 2–3)
- Statutory disposal timelines must be considered alongside resource and infrastructure constraints; bona fide litigants should not be harshly penalised for marginal procedural delays. (¶ 4)
- The complaint was restored without issuing notice because the dismissal was merely technical. The rejoinder and affidavit of evidence, stated to be ready, were directed to be taken on record. (¶ 5–6)
Result
Appeal disposed of. NCDRC order dated 15 February 2019 set aside; Consumer Complaint No. 1432 of 2016 restored. NCDRC to take the rejoinder and affidavit of evidence on record. Substantive deficiency-of-service allegations not adjudicated.