2004 INSC 0028
                                    SUPREME COURT OF INDIA

                         Punjab Urban Planning and Development Authority

                                                      Vs.

                                          Tavinder K. Ahluwalia

                                    S.L.P. (Civil) No. 17146 of 2003

                                   (S. N. Variava and H. K. Sema JJ.)

                                                 06.01.2004

                                                   ORDER

1. Leave granted.

2. Heard parties.

3. In this matter, we find that the State Consumer Disputes Redressal Commission has
refused to condone a delay of only 26 days in filing an Appeal. The National Consumer
Disputes Redressal Commission has refused to interfere and dismissed the Revision inspite
of the fact that an order of this Court dated 26th July, 1996 in Civil Appeal No. 9764 of 1996
was shown to the National Commission. By this order a delay of 40 days had been condoned
and it was held a delay of 40 days cannot be considered to be gross. Surprisingly it is held
that Judgment has no application whereas that Judgment clearly covers the point involved.
The National Commission is bound by a Judgment of this Court. We, therefore, set aside the
orders of the National Commission and the State Commission and restore the Appeal to the
file of the State Commission who shall decide the matter on merits. The delay of 26 days
stands condoned.

4. The Civil Appeal stands disposed of accordingly.

There will be no order as to costs.

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