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MONIKA MALIK
Dheeraj Tekchandani, Director, PSJS Housing Pvt. Ltd. – Appellant
Versus
Yogendra Singh Raghuvanshi – Respondent
ORDER
Dr. Monika Malik, Presiding Member—Heard learned counsel for the parties on IA-1, application for condonation of delay in filing appeal.
2. This appeal by the opposite party no.1/appellant arises out of the order dated 17.07.2019 passed by the District Consumer Disputes Redressal Commission, Indore-2 (For short ‘District Commission’) in C.C.No.11/2017 whereby the District Commission has allowed the complaint filed by the complainant/respondent no.1 directing the opposite parties, the appellant and respondent no.2 to give possession of flat no.110 situated in Navratan Life Space to the complainant/respondent no.1 within a period of 6 months. The opposite parties are further directed to pay Rs.1,43,408/- to the complainant within a period of two months. Compensation of Rs.20,000/- with costs of Rs.2,000/- is also awarded.
3. As per office report, this appeal is barred by 1 year 5 months and 13 days. In IA-1, the undated application for condonation of delay, the reasons stated are that during the pendency of the complaint, the appellant’s father Dharampal Tekchandani was kidnapped. Thereafter his father was arrested by the Umaria Police on account of fraud/criminal cases filed a
Appeal – Limitation – Object of expeditious adjudication of consumer disputes will get defeated if Court was to entertain highly belated petitions filed against orders of Consumer Fora.
Condonation of delay not a matter of right.
Appeal – Limitation – Law of limitation has to be applied with all its rigour and Courts have no power to extend period of limitation on equitable grounds.
Sufficient Cause – Sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he was....
(1) Repeal of law – The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed....
Sufficient Cause – ‘Sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he wa....
(1) Condonation of Delay – According to State Commission, the appellant has miserably failed to give any acceptable and cogent sufficient reasons to condone such delay.(2) Prescribed period – The app....
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