SH RAJESH KUMAR SHARMA vs RAJESH GUPTA AND ANR

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th March, 2025 + CM(M) 3595/2024 & CM APPL. 60033/2024 & CM APPL. 67748/2024 SH RAJESH KUMAR SHARMA .....Petitioner Through: Petitioner in person. versus RAJESH GUPTA AND ANR .....Respondents Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein had filed a complaint before District Consumer Disputes Redressal Forum, North East, Delhi. Such complaint was filed in the year 2018 and the complaint was proceeded ex-parte and was, eventually, allowed by directing the opposite party to pay a sum of Rs.80,000/- to the complainant along with interest @ 6% per annum. The opposite party was also directed to pay an amount of Rs.50,000/- to the complainant on account of harassment and litigation expenses along with interest @ 6% per annum. 2. Feeling aggrieved, the opposite parties i.e. Sh. Rajesh Gupta and his wife, filed an appeal under Section 41 of the Consumer Protection Act, 2019. However, such appeal was dismissed by learned State Commission on the point of delay. Signature Not Verified Digitally Signed CM(M) 3595/2024 1 By:SONIA THAPLIYAL Signing Date:26.03.2025 17:18:08 3. Feeling aggrieved, the appellants filed a revision petition before Learned National Consumer Disputes Redressal Commission (in short ‘NCDRC’) and learned NCDRC, vide order dated 11.06.2024, condoned such delay in filing the above appeal before learned State Commission, subject to cost of Rs.5,000/- and, accordingly, order dated 16.08.2023 passed by learned State Commission was set aside and the appeal was directed to be restored to its original number. 4. While considering the abovesaid revision petition, learned NCDRC took note of the various grounds taken by the revisionist and these were highl