STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/807/2024 HANSRAJ PRESENT ADDRESS - VILLAGE HINDOL, TEHSIL AND DISTRICT CHARKHIDADRI ,HARYANA.

.......Appellant(s)

Versus SECTOR MANAGER SAHARA INDIA PRESENT ADDRESS - NEAR ROSE GARDEN, CHARKHIDADRI ,HARYANA.

SAHARA Q SHOP UNIQUE PRODUCTS RANGER LIMITED PRESENT ADDRESS - SAHARA INDIA BHAWAN, 1 KAPOORTHALA COMPLEX, ALIGANJ, LUCKNOW ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

SHRI SUMIT SINGH BAIRAGI, COUNSEL FOR THE APPELLANT FOR THE RESPONDENT:

NEMO DATED: 03/04/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.807 of 2024 Date of Institution/Filing:15.03.2024 Date of Order:03.04.2025 Hansraj aged 62 years son of Hari Singh resident of Village Hindoi Tehsil and District Charkhi Dadri, Haryana.

…..Appellant Versus

1. Sector Manager, Sahara India, near Rose Garden, Charkhi Dadri, Tehsil and District Charkhi Dadri.

2. Sahara Q Shop Unique Products Ranger Limited, Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow-226024 through its Managing Director/Authorised Signatory.

..…Respondents CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- Shri Sumit Singh Bairagi, counsel for the appellant.

O R D E R

T.P.S. MANN J.

1. Appellant-complainant-Hansraj has filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 01.05.2023 in E.A. No.9 of 2023 passed by learned District Consumer Disputes Redressal Commission, Charkhi Dadri whereby execution filed by him was disposed off with directions:-

“So, in view of above observations/directions passed by our Hon’ble Supreme Court of India, we have observed that the present execution also pertains to the legitimate dues of the depositor (i.e. Decree Holder in the present execution) of Sahara Group of Cooperative Societies, which was awarded by this Commission vide order dated 15.11.2022 but the same has not been still paid by the Sahara Group of Cooperative Society and hence, the same is subject matter of the present execution petition. There are now directions of Hon’ble Supreme Court of India that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5000/- crores at the earliest. So we think that there is no need to keep the present execution pending before the Commission because the disbursement shall be supervised and monitored by Justice R.Subhash Reddy, Former Judge of the Hon’ble Supreme Court with the able assistance of Shri Gaurav Aggarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R.Subhash Reddy as well as the Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Cooperative Societies, which includes the present complainant/DH. Accordingly, as discussed above, the present execution is also disposed off.”

2. There is a delay of 372 days in filing of the present appeal the condonation of which has been sought by the appellant-complainant by moving an application. The ground taken in the application on behalf of the appellant-complainant is that financial crisis which occurred, may be condoned in the interest of justice and under the circumstances of the case.

3. While dealing with the application for condonation of delay, it is not disputed that the delay cannot be condoned on the ground of equity and generosity. While dealing with the prayer for condonation of delay, reference may be made to the observation made by the Hon’ble Supreme wherein it has been held that when the substantial justice and technical approach are pitted against each other, the former has to be performed. It has further been held that the words “Sufficient Cause” have to be interpreted to advance the cause of justice. The Hon’ble Apex Court in c