NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. NC/FA/71/2026 (Against the Order dated 14th February 2024 in Complaint No. SC/33/CC/14/2016 of the State Consumer Disputes Redressal Commission Tamil nadu)

WITH NC/IA/1343/2026 (STAY)

NC/IA/1342/2026 (CONDONATION OF DELAY)

NC/IA/1344/2026 (EXEMPTION FROM FILING TRIAL RECORDS)

M/S ARUL CONSTRUCTIONS Through its mrs. deepika vinohar and mr bright vinohar PRESENT ADDRESS - NO - 25, RAILWAY COLONY,3RD STREET, NELSON MANICKAM ROAD, , CHENNAI,TAMIL NADU.

.......Appellant(s)

Versus MRS B VASANTHI W/o. MR. V. BALASUBRAMANIAM PRESENT ADDRESS - NO.1/89, KARIVAN CHETTIPALAYAM, SAMATTUR POST POLLACHI , COIMBATORE,TAMIL NADU.

MR. V.BALASUBRAMANIAM S/o. MR. S. VELUCHAMY GOUNDER PRESENT ADDRESS - NO.1/89, KARIVAN CHETTIPALAYAM, SAMATTUR POST, POLLACHI , COIMBATORE,TAMIL NADU.

MR. B. SARAVANAN S/o. MR. V. BALASUBRAMANIAM PRESENT ADDRESS - NO.1/89, KARIVAN CHETTIPALAYAM, SAMATTUR POSTPOLLACHI , COIMBATORE,TAMIL NADU.

CAPT.L.V. JOSEPH PRESENT ADDRESS - LOUIS VICTOR JOSEPH NO. 213/13 , VELACHERRY , III STREET RAMNAGAR , CHENNAI,TAMIL NADU.

MRS MARGRET MARY W/o. CAPT. A PERIANAYAGAM PRESENT ADDRESS - NO. 19 VILLA MARIA, 8TH MAIN ROAD VIJAYA NAGAR VELACHERRY , CHENNAI,TAMIL NADU.

MRS BERNADETTE MARRY W/o. MR. S.J. THOMAS PRESENT ADDRESS - NO. 171/8 NIKKU COTTAGE KRIANNAPALAYAM ST. THOMAS TOWN , BENGALURU RURAL,KARNATAKA.

COL. JAMES SUSAINATHAN S/o. LATE B.S. SUSAINATHAN PRESENT ADDRESS - NO. 11/211, III STREET RAMANAGAR VELACHERRY , CHENNAI,TAMIL NADU.

LT. GEN S.A. CRUZE VSM PRESENT ADDRESS - NO. 11/211, III STREET RAMNAGAR VELACHERRY , CHENNAI,TAMIL NADU.

CAPT. A. PERIANAYAGAM S/o. MR. V.A. ANTHONY PRESENT ADDRESS - NO. 19 VILLA MARIA 8TH MAIN ROAD, VIJAYA NGAR VELACHERRY , CHENNAI,TAMIL NADU.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SAROJ YADAV , PRESIDING MEMBER FOR THE APPELLANT:

MS. SHOBHA RAMAMOORTHY, ADVOCATE MR. GOKULAKRISHNAN, ADVOCATE MS. SUPRIYA, ADVOCATE DATED: 11/02/2026

ORDER

The present First Appeal has been filed under Section 51(1) of the Consumer Protection Act, 2019 by the Opposite Party No.7 being aggrieved of the order dated 14.02.2024 passed by the learned Tamil Nadu State Consumer Disputes Redressal Commission (for short the ‘State Commission’) in Consumer Complaint No.14/2016.

This Appeal has been filed with a delay of 544 days as per office report beyond the prescribed period of 30 days.

Heard the learned Counsel for the Appellant on the delay condonation application being IA/1342/2026.

Learned Counsel for the Appellant submitted that the delay in filing of this Appeal occurred for the reason that after receiving the certified copy of the impugned Order, the Appellant approached M/s. Land Marvel Homes to pay the amount ordered, to the Complainants.

Since M/s. Land Marvel Homes had under agreement dated 30.11.2012 with the Appellant, agreed to take over the project along with all the rights and liabilities of the Appellant. M/s. Land Marvel Homes agreed to pay to the Complainants and requested for some time. M/s. Land Marvel Homes settled the claims of other Complainants but in the present matter did not take any steps to settle the matter.

The Appellant waited for settlement, for that reason, the delay occurred.

Considered the submissions made and perused the record.

There is a reported delay of 544 days in filing of the Appeal beyond the prescribed period of 30 days. The impugned Order was passed on 14.02.2024 and the Appeal has been filed on 01.12.2025. The reasons given and submissions made are not convincing and sufficient enough to condone such a huge delay. M/s. Land Marvel Homes is not a party in the main Complaint. Hence, what happened between the Appellant and M/s. Land Marvel Homes is of no importance while considering the grounds for condonation of delay. Hence, in the considered opinion of this Bench, there is no sufficient cause to condone the delay.

Being a Consumer matter, such condonation would defeat the purpose of the Act. This is a Consumer Complai