Delayed complaint needs solid ground

Pushpa Girimaji

Two years ago, a three-month-old geyser in our bathroom burst, spewing boiling water and steam on my mother. She suffered severe burns. She stayed in the hospital for a year, but did not survive the injuries and complications that followed. I was told by the geyser company’s representative that its thermostat had stopped functioning. As a result, the water attained a very high temperature and in order to prevent the geyser from bursting, its safety valve had opened, releasing the water and the steam. He had no answer to why the thermostat stopped functioning in a new geyser. After my mother passed away, I decided to hold the manufacturer accountable for her suffering and death, but was too caught up with sorting out a number of legal issues pertaining to her property, insurance and other financial matters that required my urgent attention. Now I am told that there is a time limit of two years for filing complaints before the consumer court and my complaint will be accepted only if the court pardons my delay. Is this true? What are my chances of getting justice?

Yes, there is a limit of two years on filing a complaint before the consumer court. Section 24 A of the Consumer Protection Act says that the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action arose. However, it says that a complaint may be entertained after this period if the complainant satisfies the consumer forum that he had sufficient cause for not filing the complaint within the period. Obviously, when your mother was hospitalised and suffering, you would have not had the time to think of going to the court. And then you had to resolve a number of legal issues. If you explain what those legal issues were that took precedence over filing a consumer complaint and explain your circumstances fully, I am sure the forum will accept your application for condoning the delay in filing the complaint.

Can you please quote a case that will help me understand the circumstances under which delays are condoned?

Recently, in SS ONN THE GO Vs Mridul Jain (RP NO 89 of 2019, order dated April 26, 2019), the National Consumer Disputes Redressal Commission laid down the rules for condoning any delay by quoting a number of Supreme Court judgements on the issue. One of the first points made by the apex consumer court was that the applicant requesting the court to condone the delay should show ‘sufficient cause’ for not approaching the court earlier. And the burden of providing adequate proof is on the applicant. The other point made by the Commission was that the applicant cannot ask for condoning of the delay as a matter of right. The proof of showing sufficient cause is only a condition precedent to the exercise of the discretionary jurisdiction vested in the court, the Commission said.

In simple terms, to show ‘sufficient cause’, the applicant has to show that he had not remained inactive or acted in a negligent manner or failed to show due diligence, leading to delay. The courts have to exercise their discretionary powers judiciously and ensure that the applicant meets the standards for condoning the delay. As there was neither negligence nor deliberate inaction or lack of diligence in your case, I do not see any problem in the forum accepting your reason for a delayed complaint.