SUPREME COURT OF INDIA

Before:- S.N. Variava and H.K. Sema, JJ.

Civil Appeal No. 905 of 2005 (Arising out of S.L.P.(Civil) No. 18336 of 2003). D/d. 4.2.2005.

Milk Specialties Limited - Appellants

Versus

Rajiv Singh - Respondents

Consumer Protection Act, 1986, Sections 24A and 15 - Condonation of delay in filing appeal - Delay of 57 days - State Commission as well as National Commission declined to condone the delay - Held, a small delay like such should have been condoned - State Commission directed to expeditiously to dispose of appeal on its merits.

[Para 3]

ORDER

S.N. Variava, J. - Leave granted.

2. Heard parties.

3. In this matter, the State Commission refused to condone a delay of 57 days and dismissed the Appeal. This was also confirmed by the National Commission. In our view a small delay like this should have been condoned. We, therefore, set aside the Orders of the National Commission and the State Commission and restore Appeal No. 351 of 2001 to the file of the State Commission, Uttaranchal, Dehradun. The State Commission shall dispose of the Appeal on its merits as expeditiously as possible and within a period of three months in any case.

4. The Appeal is accordingly disposed of. There shall be no order as to costs.

.