HOUSING BOARD HARYANA versus HOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.

HOUSING BOARD HARYANA versus HOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.

The limitation period for appeal under Section 15 of the Consumer Protection Act, 1986, in light of Rules 4(10) and 8(3) of the Haryana Consumer Protection Rules, 1988, should be computed from the date the parties are furnished with a duly signed and dated copy of the order free of charge, not the date of open-court pronouncement. Since the order was signed and communicated on 30.10.1992 and the appeal was filed on 30.11.1992, with 29.11.1992 being a Sunday, the appeals were within limitation and no condonation of delay was required.

Parties
Appellant: Housing Board Haryana; Respondents: Housing Board Colony Welfare Association and Ors.
Jurisdiction
India
Judgment Date
01 September 1995
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision on Challenge to National Consumer Disputes Redressal Commission Affirming Dismissal of State Commission Appeals as Time Barred
Outcome
Appeals allowed
Legal Topics
Limitation, Appeals, Communication of Order, Condonation of Delay, Computation of Period of Limitation
Consumer Protection Limitation Appeals Communication of Order Condonation of Delay Computation of Period of Limitation

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Parties

Housing Board Haryana

Appellant

Housing Board Colony Welfare Association and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision on Challenge to National Consumer Disputes Redressal Commission Affirming Dismissal of State Commission Appeals as Time Barred

Legal Issues

  1. 1 When does the limitation period for filing an appeal under Section 15 of the Consumer Protection Act, 1986 commence—date of pronouncement or date of communication of signed order?
  2. 2 Whether there was delay in filing appeal before the State Commission in view of the date the order was pronounced versus the date the signed copy was furnished?

Ratio Decidendi

The limitation period for appeal under Section 15 of the Consumer Protection Act, 1986, in light of Rules 4(10) and 8(3) of the Haryana Consumer Protection Rules, 1988, should be computed from the date the parties are furnished with a duly signed and dated copy of the order free of charge, not the date of open-court pronouncement. Since the order was signed and communicated on 30.10.1992 and the appeal was filed on 30.11.1992, with 29.11.1992 being a Sunday, the appeals were within limitation and no condonation of delay was required.

Court Disposition

Appeals allowed

Orders

  • Impugned orders of the National Commission and the State Commission set aside.
  • Appeals remitted back to the State Commission for disposal on merits in accordance with law.