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Supreme Court of India 2021-07-08 allowed

A. Suresh Kumar & Ors vs Amit Agarwal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Dr. A. Suresh Kumar and others (appellants) filed a written statement in a consumer medical negligence complaint seven days late. They sought condonation of this delay, which the National Consumer Disputes Redressal Commission (NCDRC) rejected, citing a recent Constitution Bench judgment holding that delays beyond 45 days cannot be forgiven. The Supreme Court allowed the appeal, holding that since the application was filed before the Constitution Bench judgment was delivered, it had to be decided on its merits. The Court itself condoned the 7-day delay (with cost) and directed the NCDRC to decide the underlying complaint within six months.

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Consumer Protection Civil Procedure Condonation of Delay

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