Tribunals and CommissionsDivision Bench(2023) 05 NCDRC CK 0018

Sudha Kapil & Anr vs Ramprastha Promoters & Developers Pvt. Ltd

National Consumer Disputes Redressal Commission · Decided on 3 May 2023

HON’BLE JUDGES
Dinesh Singh, Presiding Member · Karuna Nand Bajpayee, Member
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 20 Of 2023

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Judgment

5 paragraphs · 228 words
1.

This second appeal no. 20 of 2023 has been filed under Section 51(2) of the Act 2019 apropos the State Commission’s Order dated 07.03.2023 in first appeal no. 09 of 2023 arising out of the District Commission’s  Order dated 11.11.2022 in complaint no. 284 of 2020.

2.

Learned counsel for the appellants (the ‘complainants’) submits that the complainants are aggrieved with the impugned Order of 07.03.2023 since not only has the State Commission erred in calculating the period of delay in filing first appeal before it but has also erred in holding that sufficient cause to condone the delay was not forthcoming. Submission is that the State Commission has committed jurisdictional error and acted with material irregularity. Learned counsel further submits that the complainants wish to withdraw their present second appeal and in its stead want to file revision under Section 58(1)(b) of the Act 2019.

3.

In the wake of the above submissions the second appeal is dismissed as withdrawn with liberty to the complainants to file revision under Section 58(1)(b) of the Act 2019.

4.

The Registry is requested to send a copy each of this Order to the parties in the second appeal and to the learned counsel for the complainants immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.

‘Dasti’, in addition, to facilitate timely compliance.