NCDRC

NCDRC

FA/758/2012

EMAAR MGF LAND LTD. - Complainant(s)

Versus

SATWANT KAUR & ANR. - Opp.Party(s)

MR. ADITYA NARAIN

11 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 758 OF 2012
 
(Against the Order dated 16/08/2012 in Complaint No. 5/2012 of the State Commission Chandigarh)
1. EMAAR MGF LAND LTD.
ECE HOUSE, 28, KASTURBA GANDHI MARG,
NEW DELHI-110001
...........Appellant(s)
Versus 
1. SATWANT KAUR & ANR.
HOUSE NO. 3229, SECTOR-35-D,
CHANDIGARH
PUNJAB
2. SH. HARDEEP SINGH
HOUSE NO. 3229, SECTOR-35-D,
CHANDIGARH
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Mr. Aditya Narain, Advocate and
Mr. Shashank Bhusan, Advocate
For the Respondent :NEMO

Dated : 11 Jan 2013
ORDER

This appeal has been filed with a delay of 82 days which is over and above the statutory period of 30 days given for filing the appeal.   Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint

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has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken.  The inordinate delay of                  82 days cannot be condoned without showing sufficient cause.  The only reason given in the application for condonation of delay is that the certified copy of the impugned order was received by the application on 22.08.2012 at its Branch office in Chandigarh; that one Mr. Navneet Anand, Senior Executive (Legal), who was based in the Gurgaon Branch and looking after the complaint cases against the appellant company, resigned from the company without informing the legal department about the impugned order in this case; that the impugned order was misplaced; that one Mr. Arjun Jain working as Senior Executive (Legal) took over the charge of Mr. Navneet Anand and gradually discovered the impugned order and, thereafter, appellant took necessary steps in filing of this appeal.  We are not satisfied with cause shown for the delay.  Day to day delay has also not been explained.  Supreme Court, in a recent judgment, “Anshul Aggarwal vs. New Okhla Industrial  Development  AuthorityIV  (2011) CPJ  63  (SC)”  has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the


 

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Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained.  Relevant observations are as under:

“It is also apposite to observe that while deciding an application filed in such cases for

condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras.”

 

             The inordinate delay of 82 days in filing the appeal, under the circumstances, cannot be condoned.  Application for condonation of delay is dismissed as a consequence thereof appeal is dismissed as barred by limitation.

             Even on merits, we do not find any infirmity in the impugned order.  Respondents were allotted the plot.  Respondents paid the entire amount.  Possession was to be given within two years from the date of allotment but not later than three years.  Possession was not offered for

 

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a period of five years from the date of allotment.  Being aggrieved, respondents filed the complaint before the State Commission.

             State Commission has allowed the complaint and directed the appellant to give possession to the respondents within six months and pay Rs.1 Lac as compensation.  Rs.50/- per sq.ft. per month has been awarded from 30.06.2010 till realization.  Order passed by the State Commission is just and appropriate.  No ground for interference is made out.  Appeal is dismissed on merits as well.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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