National Consumer Disputes Redressal
Sudha Kapil & Anr. vs Ramprastha Promoters & Developers Pvt. ... on 3 May, 2023
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI SECOND APPEAL NO. 20 OF 2023 (Against the Order dated 07/03/2023 in Appeal No. 9/2023 of the State Commission Delhi) 1. SUDHA KAPIL & ANR. ...........Petitioner(s) Versus 1. RAMPRASTHA PROMOTERS & DEVELOPERS PVT. LTD. ...........Respondent(s)
BEFORE: HON'BLE MR. DINESH SINGH,PRESIDING MEMBER HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER For the Petitioner : Dr. Hemant Gupta, Advocate For the Respondent :
Dated : 03 May 2023 ORDER
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 In the wake of the above submissions the second appeal is dismissed as withdrawn with liberty to the complainants to file revision under Section 58(1)(b) of the Act 2019.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.
...................... DINESH SINGH PRESIDING MEMBER ......................J KARUNA NAND BAJPAYEE MEMBER