HUDA vs Dilbagh Singh

THE dispute involved between the parties is that complainant/respondents were allotted separate plots by the petitioner/opposite party. They deposited 15% of the total price with the petitioner and the petitioner was to hand over physical possession of the said plots to the complainants after the said payment. According to the complainants, petitioner did not hand over the possession of the said plots to the respondents and had also failed to provide basic facilities.

DISTRICT Forum, vide its order dated 9.10.2002, allowed the complaint and directed the petitioner as under: "(a) to provide all the basic amenities and development works including water supply, sewerage system, electricity and metalled roads at the spot, within a period of six months. (b) the OP shall not be entitled to charge the interest from the complainant until and unless completion of the above said basic amenities. If, the OP has already charged any interest from the complainant, the same be refunded/adjusted along with interest @ 9% per annum on the charged amount. (c) The fresh offer of possession be made by the OP to the complainants after completing all the basic amenities in the locality. (d) To pay a sum of Rs. 1,500 of litigation expenses to the complainant."

AGGRIEVED by this, petitioner filed an appeal before the State Commission after a delay of 181 days. The limitation provided for filing the appeal under the Consumer Protection Act is 30 days. Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some evidence is required to be led, then within 150 days. Where the statute has permitted only 30 days for filing the Appeal, the delay of 181 days could not be condoned without showing sufficient cause. State Commission dismissed the appeal as it was not satisfied with the cause shown.

WE are in agreement with the order passed by the State Commission that the petitioner had not been able to make out a case for condonation of delay. No merits. Dismissed. R.P. dismissed.