NCDRC

NCDRC

RP/2539/2002

DELHI DEVELOPMENT AUTHORITY - Complainant(s)

Versus

J.D. JAIN - Opp.Party(s)

MRS. GIRIJA WADHWA

14 Jul 2009

ORDER

Date of Filing: 14 Nov 2002

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2539/2002
(Against the Order dated 29/07/2002 in Appeal No. 1058/1998 of the State Commission Delhi)
1. DELHI DEVELOPMENT AUTHORITY VIKAS SADAN INA NEW DELHI NA ...........Appellant(s)

Vs.
1. J.D. JAIN R/O 177 S.D. TOWER APPARTMENT PITAM PURA DELHI 110034 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MRS. GIRIJA WADHWA
For the Respondent :Mr. Rajesh Rajora, adv. for MR. R.K. JAIN, Advocate

Dated : 14 Jul 2009
ORDER

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The State Commission has dismissed the appeal as barred by time.  There was a delay of 57 days in filing the appeal.  The appeal could be filed within 30 days. 

          Keeping in view the facts and circumstances of the case, we are of the opinion that the delay of 57 days in filing the appeal before the State Commission should have been condoned.   Application for condonation of delay is allowed.  Order of the State Commission is set aside and the case is remitted back to the State Commission.  Revision petition stands disposed of.

            President of the State Commission has not been appointed as yet.  Parties are directed to appear before the State Commission on 09.10.2009, on which date the State Commission shall fix the appeal for final hearing and dispose it of in accordance with law.  The special direction is being given as the complaint pertains to the year 1995 and the State Commission had disposed of the appeal by the impugned order in the year 2002.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER