Karnataka

StateCommission

A/1829/2022

M/s Maxworth Realty India Limited, A Company registered under Companies Act, - Complainant(s)

Versus

H.S Bhadrachala S/o B.Srikanthaiah - Opp.Party(s)

K V Associates

12 Oct 2022

ORDER

12/10/2022

ORDER

By Sri. RAVISHANKAR, JUDICIAL MEMBER

The OP preferred this appeal against the order dated 18.11.2017 passed in C.C.No.1189/2015 on the file of II Additional District Consumer Disputes Redressal Commission, Bangalore wherein complainant alleged that OP No.2 agreed to sell flat No.166 measuring 30’X40’ to the complainant, but, conveyed Site No.139 measuring 9 meters X 12 meters totally 108 sq.mts.  Thus, demanded OP No.2 to rectify the mistake or refund the amount.

After trial the District Commission allowed the complaint directed OPs to pay Rs.7,29,700/- with interest at the rate of 12% p.a. from the respective dates of payment till realisation against which OP preferred appeal along with application to condone the delay in preferring appeal and sworn to affidavit that the previous legal responsible person had left the company and not intimated to him with respect to passing of the impugned order.  The delay in filing the appeal is due to administrative reasons and not deliberate or intentional.  Thus, prays to condone the delay.

We noticed that office has noted 1723 days of delay in preferring appeal and the appellant has stated administrative reason for delay which is not acceptable.  The abnormal delay of 1723 cannot be condoned without satisfactory explanation.  Hence, the application filed under Section 5 of the Limitation Act to condone the delay in preferring appeal is dismissed.  Consequently, appeal is also dismissed as barred by time.

 

                                                           Member                      Judicial Member