IMPORTANT POINT
Delay of 1415 days in filing of appeal cannot be condoned.

Rekha Gupta, Presiding Member—The present first appeal has been filed against the judgment dated 02.06.2014 of the U T State Consumer Disputes Redressal Commission, Chandigarh (‘the State Commission’) in CC no. 23 of 2014.

2. The brief facts of the complaint as per the respondent/ complainant are that the respondent wanted to have a residential house in her own name. She applied for a residential flat to the appellant/ Opposite Party, vide application dated 12.12.2009. The price of the flat was Rs.27 lakh. The respondent paid an amount of Rs.1.00 lakh, through cheque bearing No.647503 dated 12.12.2009. The appellant, received an undertaking, from the respondent, wherein, it was specifically mentioned that the provisional allotment letter, would be issued, only after signing the Buyer-Developer Agreement. It was stated that the respondent agreed to pay the amount of Rs.26 lakh, on or before 01.01.2010. The respondent paid a sum of Rs.26 lakh, vide cheque no.647514 dated 31.12.2009. The respondent paid the entire sale consideration, to the tune of Rs.27 lakh. Flat No.701, Tower 1 was allotted to the respondent, vide provisional allotment letter dated 01.01.2010. Buyer-Developer Agreement dated 01.01.2010, was executed between the parties. According to Clause 14 of the Buyer-Developer Agreement dated 01.01.2010, the agreed date of completion of the project/flat was 31.03.2011. It was also mentioned, in this Agreement that, in case, the Developer failed to hand over the possession of the flat by the due date, it would be liable to pay to the buyer, a sum of Rs.1000/- per day, for the period of delay. It was stipulated, in the Agreement, that this condition was not applicable, in case of natural disaster/Government or Court ruling, strikes and any other reasons, beyond the control of the Developer, under force majeure conditions.

3. Since the appellant/Opposite Party, without any reason beyond its control, failed to complete the construction of flat by the stipulated date, it was liable to pay a sum of Rs.1000/- per day, to the respondent, for the period of delay. It was further stated that the letters dated 16.03.2011 and 09.06.2011, were also written to the appellant, in which they were asked to complete the construction of flat and handover the possession thereof, to the respondent, as also pay Rs.1000/- per day, as per Clause 14 of the Buyer-Developer Agreement dated 01.01.2010, but it failed to do so. The aforesaid acts of the appellant amounted to deficiency, in rendering service, as also unfair trade practice. When the grievance of the respondent was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act, 1986 was filed, seeking direction to the appellant to handover the physical possession of the flat in question; immediately pay interest @18% P.A., on the amount of Rs.27 lakh, from the respective dates of deposits, till realization; Rs.1000/- per day with effect from 30.03.2011, till handing over the possession of the flat, in question; compensation, to the tune of Rs.1.00 lakh, for mental agony and physical harassment; and cost of litigation, to the tune of Rs.51,000/-.

4. Notice sent through ordinary post for the service of the appellant at the correct address, furnished by the complainant, was received back with the report ‘refused’. Refusal was considered a good service. No authorized agent/representative, on behalf of the appellant, put in appearance, as a result whereof, it was proceeded against ex-parte, vide order dated 23.05.2014.

5. The State Commission vide order dated 02.06.2014 directed as below:—

11. For the reasons recorded above, the complaint is partly accepted, with costs, in the following manner:—

“(i) The Opposite Party is directed to hand-over the legal physical possession of flat No. 701, Tower 1, complete in all respects, to the complainant, within a period of 60 days, from the date of receipt of a certified copy of this order.

(ii) The Opposite Party is