IMPORTANT POINT
Ignorance of law cannot be used as an excuse to seek condonation of delay.

M. Shreesha, Member—These Revision Petitions under Section 21(b) of the Consumer Protection Act, 1986 (for short the “Act”) are directed against the order of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short “State Commission”) in M.A. Nos. 220 and 221 of 2014 in a/w First Appeals Nos. A/14/561 and A/14/562 respectively. By the impugned order, the State Commission dismissed the Appeals on grounds of limitation holding that the reasons cited by the Appellants are not sufficient to condone the delay and confirmed the order of the District Consumer Disputes Redressal Forum, Kolhapur (for short “District Forum”) in Complaints No. CC/12/99 and CC/12/98 respectively. By its order, the District Forum partly allowed the Complaints directing the firm to execute the sale deeds of the subject Flats in Ram Vilas Apartment; to provide parking place as per the Agreement; to pay Rs.9,000/- towards compensation and Rs. 3,000/- towards costs.

2. As a common issue is involved in both the Revision Petitions and even the background facts are identical, both these Petitions are being disposed of by this common order. However, in order to appreciate the subject matter of the case involved, we shall briefly refer to the facts of Appeal No. 563 of 2015.

3. Briefly put, the material facts in the case are that the Respondent, Unmesh Ganpatrao Sathe, who is the original Complainant before the District Forum, paid an amount of Rs. 2,85,000/- and entered into an agreement of sale with the Builder on 22.3.1995 for purchase of Flat No. 106 admeasuring 818 sq. ft. in Ram Vilas Apartment. The Complainant pleaded that inspite of repeated requests to issue the completion certificate and execute the sale deed, there was no response from the Builder.

4. The Petitioner/Opposite Party pleaded in their reply before the District Forum that Kadam Brothers is a partnership firm and in the Partnership Deed there is a clause that if any dispute arises, it should be solved as per the provisions of Indian Arbitration Act, 1950. Hence, the present complaint is not maintainable before the Consumer Forum. It is also pleaded that a Regular Civil Suit No. 1885/2012 has been filed on 5.5.2012 to declare the subject agreement as null and void and notices were also issued to the Complainants. The Opposite Party further pleaded that the Complainant had illegally occupied the said Flat and therefore, they had no right to demand for provision of parking place or the issuance of completion certificate. The Complainant ought to have filed a suit for specific performance in the Civil Court as the District Forum has no jurisdiction to decide the Complaint.

5. The District Forum observed that R.C.S. was filed on 5.5.2012, which is subsequent to 12.4.2012, the date on which the Complaint was filed. The Forum also held that the Civil Judge did not pass any order stating that the agreement of sale is null and void. The Forum, after careful perusal of the agreement of sale deed, dated 19.4.2001 and GPA dated 21.12.1991 and 22.3.1995 concluded that Shri Dilip Narayan Kadam, partner of Kadam Brothers & Developers has been given the power to develop the property bearing C.T.S. No. 1871 and therefore, he can execute the registered sale deed of Flat No. 106 in Ram Vilas Apartment in favour of the Complainant. The District Forum also directed the Opposite Party to provide parking place and pay compensation of Rs. 9,000/- and costs of Rs. 3,000/-.

6. Dis-satisfied with the said order, the Respondent firm preferred an Appeal before the State Commission with a delay of more than 30 days.

7. It was submitted by the Appellant that the consumer complaint was decided by the District Forum on 29.3.2014, free copy was issued to the Appellant on 4.4.2014 and the Appeal was filed on 3.7.2014 with a delay of more than 30 days. It was further submitted by the Appellant that there was summer vacation between 5.5.2014 to 8.6.2014 and after excluding the vacation period, delay is only