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Supreme Court of India 2019-05-10 allowed

Vibha Bakshi Gokhale & Anr vs Gruhashilp Constructions & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants challenged the NCDRC's dismissal of their consumer complaint regarding a defective residential flat purchase solely because they failed to file a rejoinder and evidence within four weeks. The Supreme Court held that consumer forums cannot reject complaints on mere technicalities. While the Consumer Protection Act prescribes timelines, procedural delays should be condoned to ensure substantive justice and protect consumer rights. Penalizing bona fide litigants for marginal delays defeats the legislation's purpose. The Court set aside the dismissal and restored the complaint for substantive consideration before the NCDRC.

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Consumer Protection Administrative Law Civil Procedure Substantial Justice

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