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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 Supreme Court set aside the National Consumer Disputes Redressal Commission's (NCDRC) dismissal of a consumer complaint regarding a defective residential flat sale on purely technical grounds—failure to file a rejoinder within a stipulated four-week period. The Court held that while the Consumer Protection Act prescribes timelines for complaint disposal, the NCDRC erred in rejecting the complaint on technicality without considering substantial justice. The Court emphasized that resource constraints and marginal delays should not penalize bona fide litigants. Such dismissals defeat the legislative purpose of ensuring consumer access to justice. The appeal was allowed and the complaint restored to the NCDRC for substantive hearing.

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Consumer Protection Civil Procedure Access to Justice Administrative Procedure Judicial Discretion

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