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Condonation of Delay is an Exception, not the Rule --- Lahore High Court Dismisses Time-Barred Appeal in Consumer Case

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Condonation of Delay is an Exception, not the Rule --- Lahore High Court Dismisses Time-Barred Appeal in Consumer Case

Islamabad 03-03-2025: The Lahore High Court, Multan Bench, has dismissed an appeal filed by Appellant against an order of the District Consumer Court, Multan, on the grounds of limitation. The Court ruled that the 41-day delay in filing the appeal was unjustified, emphasizing the strict enforcement of limitation laws under the Punjab Consumer Protection Act, 2005.

The Appellant had filed an appeal under Section 33 of the Punjab Consumer Protection Act, 2005, challenging the order dated 08.11.2024 of the District Consumer Court, Multan. The dispute arose from the sale of a defective 12-ton air-conditioner to the respondent, who had lodged a complaint after the appellant failed to replace the product or refund the payment.

The Court noted that the appeal was barred by 41 days, and the Appellant sought condonation of delay by arguing that he was out of the country when the impugned order was passed. However, a review of the Appellant’s travel history (Annexure-C) showed that he returned to Pakistan on 12.11.2024, which indicated that he had ample opportunity to challenge the order within the prescribed time.

Citing (PLD 2016 SC 872) Khushi Muhammad Case and (PLD 2025 SC 60) Ghulam Sarwar Case, the Court reiterated that limitation laws must be strictly followed. It held that:

Condonation of delay is an exception, not the rule.
Hardship, negligence, or ignorance of law does not justify condonation of delay.
The burden of proving “sufficient cause” for delay rests on the appellant, which was not met in this case.

Under Section 34 of the Punjab Consumer Protection Act, 2005, consumer Court orders attain finality if not challenged within the statutory timeframe, reinforcing the importance of procedural discipline in litigation.

The Lahore High Court dismissed the condonation application and the main appeal, stating that:

“Since the appeal is time-barred, its merits are not required to be discussed. The appellant has failed to substantiate his claim for condonation of delay. Hence, the application is dismissed in limine.”