ASHFAQ AHMED vs DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER DISTRICT CONSUMER COURT, MULTAN S

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ASHFAQ AHMED VS DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER DISTRICT CONSUMER COURT, MULTAN S. 5---Condonation of delay----Circumstances---Scope---Law mandates strict adherence to limitation period---Courts possess discretion to condone delay in exceptional circumstances---Said discretion, however, must be exercised sparingly and cautiously---A party seeking condonation must prove that the delay resulted from circumstances beyond its control, such as, force majeure events (e.g., natural disasters, unforeseen emergencies); court closures due to extraordinary circumstances; legal impediments preventing timely filing---A casual approach or mere administrative lapses do not constitute sufficient cause for condonation of delay---If the delay is found to be intentional, avoidable or due to negligence, the appeal must be dismissed---The doctrine of limitation is based on the principle that "condonation of delay is an exception, not the rule"---Impediments of limitation cannot be traversed under pretense of hardships or imaginary inherent discretionary jurisdiction of the Court---Negligence, mistake or hardship do not save from limitation nor does poverty of the parties. Citation Name: 2025 CLD 1303 LAHORE-HIGH-COURT-LAHOREBookmark this Case ASHFAQ AHMED VS DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER DISTRICT CONSUMER COURT, MULTAN Ss. 33 & 34---Judgment passed by the Consumer Court---Filing of appeal beyond period of limitation---Finality of order---Effect---Appellant (air-conditioner seller ) filed appeal against the order passed by the Consumer Court with a delay of 41 days---Validity---Section 34 of the Punjab Consumer Protection Act, 2005 ('the Act 2005'), deals with the finality of order---Said provision in consumer law is acknowledged as finality clause which stipulates that once the statutory appeal period, typically 30 days, expires, the judicial order issued by the Consumer Court attains finality and becomes legally enforceable---Said provision is crucial for upholding judicial discipline, preventing the misuse of appellate mechanisms and ensuring that justice is not indefinitely delayed---Without such a clause, Courts would be susceptible to an influx of untimely or repetitive appeals, which could obstruct the prompt enforcement of consumer remedies and exacerbate judicial backlog---Through imposition of a fixed limitation period for appeals, the legal framework provides certainty and closure to both parties, ensuring that judicial orders rest on a firm legal foundation---Said requirement compels aggrieved parties to act within the prescribed timeframe, discouraging dilatory tactics designed to evade legal obligations---The strict enforcement of appeal deadlines except in exceptional circumstances is vital for preserving the efficiency of judicial proceedings and safeguarding consumer rights---Ultimately, the finality clause functions as a legal safeguard that solidifies the binding nature of judicial orders once the appeal period lapses, thereby promoting the expeditious resolution of consumer disputes and reinforcing stability as well as predictability of legal proceedings---Appellant had badly failed to substantiate his claim for condonation of delay in filing the appeal---Application for condonation of delay being merit-less was dismissed along with the appeal. Citation Name: 2025 CLD 1303 LAHORE-HIGH-COURT-LAHOREBookmark this Case ASHFAQ AHMED VS DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER DISTRICT CONSUMER COURT, MULTAN S. 33---Judgment passed by the Consumer Court---Appeal, filing of---Limitation---Sufficient cause---Scope---Appellant (air-conditioner seller) filed appeal against the order passed by the Consumer Court with a delay of 41 days---Appellant filed application seeking condonation of delay---Contention of the applicant/appellant, while attaching a travel history (proof of tickets), was that he was out of country at the time of passing of adverse orders in the matter and was not even available in Pakistan at the time of announcement of the impugned order---Validity---Contents of the application seeking condonation of delay drew an inference that the reason assigned was inexplicit, general and not true, which was neither permissible nor satisfactory to convince the Court to condone the delay in filing the appeal---Appellant had placed on the record contrary documents, which could not strengthen his cause---Appellant opted the stance that the impugned order was passed in his absence, when he was abroad, however, his travel history revealed that, he came back to Pakistan after four days of passing of the impugned order, meaning thereby, that prima facie he had knowledge of passing of the impugned order---In terms of S. 33 of the Punjab Consumer Protection Act, 2005 ('the Act 2005'), any person aggrieved may file an appeal within 30 days against final order of the Consumer Court passing such an order---The rationale behind said provision is to ensure that judgments become conclusive within a reasonable timeframe to prevent indefinite litigation and fair opportunity for appeal---Aggrieved party is granted adequate time to challenge an order while maintaining procedural discipline that statutory limitation periods are not mere technicalities but substantive provisions that serve to promote finality in litigation and judicial efficiency---Even, from perusal of travel history of the appellant, it was manifestly clear that he was available in Pakistan, during the last /cut-off date(s) of limitation for challenging the impugned order, thus, stance of the appellant appeared to be intangible---The appellant's failure to challenge the impugned order within the prescribed time despite being available in the country during the relevant period reflected a lack of diligence in pursuing his legal remedy---The explanation offered for the delay, in light of the appellant's presence in Pakistan, did not appear to be convincing or sufficient to justify the delay in filing the appeal---Law is well settled that mere filing of an application for condonation of delay is not sufficient to persuade the Court to condone the delay in preferring an appeal---The object of law of limitation is to help the vigilant and not the indolent---Law of limitation is required to be construed strictly and the delay of each day has to be explained---Appellant had to satisfy as to why he took about 41 days to prefer present appeal against the impugned order of the Consumer Court---The reasons provided in the application for condonation of delay did not constitute a sufficient cause within the meaning of law---Thus, in the absence of sufficient cause, a time-barred appeal must be dismissed---Application for condonation of delay being merit-less, was dismissed along with the appeal.

ASHFAQ AHMED vs DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER DISTRICT CONSUMER COURT, MULTAN S — 2025 CLD 1303 LAHORE-HIGH-COURT-LAHORE

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