(J.K. Maheshwari and Atul S. Chandurkar, JJ.)
Om Shrim Developers and Others ____________________ Appellant(s);
v.
Balvinder Singh Neel _______________________________ Respondent.
Civil Appeal No. of 2026 (@ SLP (C) No. 19543 of 2025), decided on January 23, 2026
The Judgement of the court was delivered by
Judgment
1. Leave granted.
2. The appellants are aggrieved by the Order dated 15.01.2025 passed by the National Consumer Disputes Redressal Commission, New Delhi1, in First Appeal No. 54 of 2024 with IA Nos. 1448, 1449, 4233 & 4234 of 2024, refusing to condone delay of 541 days in preferring the appeal challenging the order passed by the State Consumer Disputes Redressal Commission, Madhya Pradesh2 on 08.06.2022.
3. Having heard Mr. N.K. Mody, learned Senior Advocate for the appellants and Mr. Manish Tiwari, learned counsel for the respondent and after perusing the entire material on record, we are of the view that an opportunity deserves to be granted to the appellants to challenge the order passed by the SCDRC dated 08.06.2022 on merits. Considering the delay in preferring the statutory appeal, we are inclined to condone such delay accepting the explanation furnished, subject to costs being paid by the appellants. Accordingly, subject to payment of cost of Rs. 5,00,000/-, the delay in preferring the statutory appeals by the appellants would stand condoned.
4. The appellants shall, within a period of two weeks, deposit an amount of Rs. 5,00,000/- with the Supreme Court Registry. From the said amount, Rs. 2,50,000/- shall be transferred to the bank account of the respondent, details of which shall be furnished by the learned counsel for the respondent. The balance amount of Rs. 2,50,000/- shall be transferred to the Supreme Court Legal Services Committee, New Delhi. Subject to deposit of the aforesaid costs, the order dated 15.01.2025 passed by NCDRC in First Appeal No. 54 of 2024 with IA Nos. 1448, 1449, 4233 & 4234 of 2024 shall stand set aside and the delay in filing the statutory appeal shall stand condoned. Thereafter, the NCDRC shall consider the appeal on its own merits and in accordance with law after giving due opportunity to the parties. It is clarified that this Court has not expressed any opinion on the merits of the proceedings. The Civil Appeal is allowed in aforesaid terms.
5. Pending application(s), if any, shall stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19543/2025
[Arising out of impugned final judgment and order dated 15-01-2025 in IA No. 1449/2024 passed by the National Consumers Disputes Redressal Commission, New Delhi]
M/s Om Shrim Developers & Ors.….Petitioner(s)
Versus
Balvinder Singh Neel.….Respondent(s)
(IA No. 231392/2025 – Stay Application)
UPON hearing the counsel the Court made the following
ORDER
1. Leave granted.
2. The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
———
1 Hereinafter, ‘NCDRC’
2 Hereinafter, ‘SCDRC’
