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Judgment
C. Viswanath, J
The present Appeal is filed by the Appellant under Section 19 of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (hereinafter referred to as the "State Commission") in Complaint No. 97/2017 dated 03.05.2018.
In the Complaint, the Respondent/Complainant stated that he booked kings town Plot No. G-52, House No. 52 Block No. G with Appellant/Opposite Party at Project Dunda Old Dhamtari Road, Opposite Government School, Raipur, Chhattisgarh. On 30.06.2013, an Agreement was executed between the parties and possession was to be given in July, 2016. The Respondent paid Rs.25,30,000/- on various dates to the Appellant. The Respondent visited his booked plot but no work was started or done. Every time he was assured by the Appellant that work would be started very soon, but in vain. The Respondent asked the Appellant to refund the amount paid along with interest as the Appellant clearly stated that there was no chance of commencing the construction. Further, the Respondent entered into an agreement with the Appellant on 25.04.2017 for refund of the amount paid towards purchase of the plot. On 27.04.2017, the Appellant refunded Rs.5,00,000/- by RGTS. The balance amount was, however, not refunded by the Appellant despite repeated requests. Thus, the Complaint was filed.
State Commission, vide order dated 03.05.2018, partly allowed the Complaint and directed that :-
(i) The Appellant to pay Rs.20,30,000/- to the Respondent within 45 days from the date of the order.
(ii) The Appellant to pay interest @12% p.a. on the aforesaid amount form 04.11.2015, the date of last payment made by the Respondent to the Appellant till realization.
(iii) The Appellant to pay Rs.1,00,000/- to the Respondent towards compensation for mental agony.
(iv) The Appellant to also pay Rs.10,000/- towards cost of litigation to the Respondent.
Aggrieved by the order of the State Commission, the Appellant filed the Appeal before this Commission.
Heard the Learned Counsel for the Appellant. We have also carefully gone through the evidence placed on record.
The Appellant filed an application for condoning delay vide IA 6008 of 2019, wherein he stated that as he was suffering from serious illness and was recommended to undergo bed rest for one year by the doctor and hence the appeal could not be filed within time. He also placed a Medical Certificate issued by Dr. Rajendra Banthia.
The Medical Certificate produced by the Appellant suffers from several deficiencies.It is not known when the medical certificate was issued, as there is no date on the certificate.The time up to which rest was advised, is not indicated.It is also surprising that both the medical certificate advising rest as well as fitness certificate are on the same page and the date from which he was fit to resume duty has also not been filled.In view of the casual manner in which the certificate has been issued and in the absence of any other medical record regarding the treatment taken by the Appellant, we are unable to rely on the enclosed medical certificate.In the application for condonation of delay, number of days of delay has also not been mentioned by the Appellant.It is, however, seen from the record, as reported by Registry, there is a delay of 281 days in filing the present Appeal.
It is settled proposition of law that condonation of delay is not a matter of right and the applicant has to set out the case showing sufficient reasons for not being able to come to the Court/ Commissions within the stipulated period of limitation.The Hon'ble Supreme Court in the matter of Ram Lal and Ors. Vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361 has held as under:
"It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the Court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant."
The burden is put upon the applicant to show sufficient causes for the delay. The expression 'sufficient cause' has been discussed and defined by the Hon'ble Supreme Court in the case of Basawaraj & Anr. Vs. The Spl. Land Acquisition Officer, 2013 AIR SCW 6510, as under:
"Sufficient cause is the cause for which defendant could not be blamed for his absence. The meaning of the word "sufficient" is "adequate" or "enough", inasmuch as may be necessary to answer the purpose intended. Therefore, the word "sufficient" embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the view point of a reasonable standard of a cautious man. In this context, "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 in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted diligently" or "remained inactive". However, the facts and circumstances of each case must afford sufficient ground to enable the Court concerned to exercise discretion for the reason that whenever he court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the Court that he was prevented by any "sufficient cause" from prosecuting his case, and unless a satisfactory explanation is furnished, the Court should not allow the application for condonation of delay. The court has to examine whether the mistake is bona fide or was merely a device to cover an ulterior purpose. (See: Manindra Land and Building Corporation Ltd. V. Bhootnath Banerjee & Ors, AIR 1964 SC 1336; Lala Matadin V. A.Narayanan, AIR 1970 SC 1953; Parimal V. Veena alias Bharti AIR 2011 SC 1150 L2011 AIR SEW 1233); and Maniben Devraj Shah V. Municipal Corporation of Brihan Mumbai, AIR 2012 SC 1629: (2012 AIR SCW 2412).
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It is a settle legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. "A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation." The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. The legal maxim "dura lex sed lex" which means "the law is hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a decisive factor to be considered while interpreting a statute.
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The law on the issue can be summarized to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature".
The Supreme Court has clearly held that party who has not acted diligently or remained inactive is not entitled for condonation of delay. The Hon'ble Supreme Court in the case of "R. B. Ramlingam vs. R. B. Bhavaneshwari, I (2009) CLT 188 (SC)
"We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition."
Also in the case of "Anshul Aggarwal Vs. New Okhla Industrial Development Authority (2011) 14 SCC 578, the Hon'ble Supreme Court has warned the Commissions to keep in mind while dealing with such applications the special nature of the Consumer Protection Act. The Hon'ble Supreme Court has held as under:
"It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer Foras."
The contentions in the application, in the absence of any credible medical record, seeking condonation of delay do not convince us that the delay in filing the Appeal was due to reasons which were beyond the control of the Appellant. The Appellant has failed to show sufficient cause for condoning such a long delay.
In view of the above, we find no ground to condone the inordinate delay in filing this First Appeal.The application for condonation of delay is accordingly dismissed. As a consequence, Appeal is dismissed in limine being barred by limitation.