NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DINESH SINGH, PRESIDING MEMBER, KARUNA NAND BAJPAYEE, MEMBER
SOUMEN CHAKRABORTY – Appellant
Versus
PRADIP KUMAR BANERJEE – Respondent
1. This appeal has been filed under section 19 of The Consumer Protection Act , 1986 in challenge to the Order dated 30.10.2017 of the State Commission in complaint no. 106 of 2016.
2. We have heard the learned counsel for the developer (the appellant herein) and the complainant in person (the respondent herein). We have also perused the material on record, including inter alia the State Commission’s impugned Order dated 30.10.2017, the application for condonation of delay in filing the appeal and the memorandum of appeal.
3. The appeal has been filed with self-admitted delay of 455 days. We see that the grounds taken in the application for condonation of delay are, one, that the developer was not aware of the Order of the State Commission as it was passed ex parte against it and it came to know of the same only when it received summons in execution proceedings, and, two, the advocate who was entrusted with the task of filing the appeal kept delaying the same.
4. Learned counsel for the developer has nothing more to add and he reiterates that as the impugned Order of the State Commission was passed ex parte against it, the developer was not aware of the same and it came to know
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