State Consumer Disputes Redressal Commission
M/S Rkm Housing Ltd. vs Khushwinder Kaur on 4 September, 2018
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
M.A. No.1746 of 2018
In
First Appeal No.423 of 2018
Date of Institution : 26.07.2018
Order Reserved on: 24.08.2018
Date of Decision : 04.09.2018
M/s RKM Housing Ltd. through its M.D. Kanwaljit Singh S/o Balbir
Singh, RKM Housing Ltd., SCO No.1-2-3-4, behind Chandigarh
Engineering College, Sector-112, Landran SAS Nagar, Mohali.
.....Appellant/opposite party
Versus
1. Khushwinder Kaur D/o S. Harvinder Singh W/o Jagmeet Singh
Bedi,
2. Jagmeet Singh Bedi S/o S. Rupinder Singh Bedi, R/o
H.No.2814, Sector 37/C, Chandigarh.
.....Respondent nos.1&2/complainants
3. Sherwood Officer's (Registered), Sherwood Estate, Opposite
Gate CP-3, Ghanupur Kale via Chheharta Byepass Amritsar-
143105, through its Chairman/Managing Director.
.....Respondent no.3/opposite party no.2
Miscellaneous Application no.1746 of
2018 for condonation of delay of 935
days in filing the appeal.
Appeal against order dated 18.09.2015
passed by the District Consumer
Disputes Redressal Forum, S.A.S Nagar
(Mohali).
Quorum:-
Shri J. S. Klar, Presiding Judicial Member
Smt. Kiran Sibal, Member Present:-
For the appellant : Sh. J.P.S. Sidhu, Advocate ............................................ J.S. KLAR, PRESIDING JUDICIAL MEMBER :-
This order shall dispose this application filed by the applicant/appellant with the appeal for condonation of delay of 935 days in filing the appeal. It is contended in this application that the First Appeal No.423 of 2018 2 impugned order was passed by the District Forum on 18.09.2015, which was despatched on 04.12.2015. Applicant/appellant came to know about passing of impugned order dated 18.09.2015 in Execution Application only. The complainants and appellant entered into negotiation for handing over the plot to complainant on payment of balance amount by him. The Executing Court issued warrant of arrest against the applicant/appellant in executing proceedings. There were efforts for bringing about amicable settlement between the parties and appellant/applicant was ready to give possession of plot on payment of balance amount, as it has developed the project, whereas OP no.2 has not transferred all the assets of society to OP no.1 in violation of terms and conditions of memorandum of understanding dated 15.07.2014 executed between them. OP no.2 and complainant want to extract money from applicant/appellant in a wrongful manner. The appellant/applicant was convicted in Execution Application dated 03.08.2017 by the State Commission in C.C. No.19 of 2016 in a wrongful manner. The above referred delay took place, which is bonafide and not malafide at all in filing this appeal. The applicant/appellant has prayed for condonation of above referred delay in filing the appeal.
2. We have heard the counsel for the applicant/appellant and have also examined the record of the case at admission stage of the appeal. The District Forum Mohali passed the order dated 18.09.2015 directing OP to refund the deposited amount of Rs.7,96,000/- with interest @12% per annum from its deposit till First Appeal No.423 of 2018 3 actual payment and further to pay compensation of Rs.50,000/- for mental harassment to complainant. It is evident from perusal of photostat certified copy of order that the order was despatched on 04.12.2015. There is no report on the endorsement that this certified copy of order was received back undelivered at any time. It is presumed to have been delivered in the absence of specific endorsement of received back undelivered by the concerned official of District Forum. The applicant/appellant sat over the matter since after despatch of this certified copy of order of the District Forum dated 18.09.2015 to it. The instant appeal has been preferred by the appellant on 26.07.2018 after delay of 935 days. There is inordinate delay of 935 days in filing the appeal and the delay has not been explained in a satisfactory manner by the applicant/appellant. The Consumer Protection Act is a special Act and special period of limitation has been prescribed in it for filing the appeal. The very purport of the Act would be defeated in case stale matters are allowed to be condoned in consumer cases. The Apex Court has held in "Anshul Aggarwal Vs. New Okhla Industrial Development Authority" 2011 (IV) CPR-63 (SC), that Consumer Protection Act, 1986 has been enacted for achieving a specific object by the legislature. The object of the Act is the expeditious adjudication of the consumer disputes. We are of the view that there is no sufficient ground to condone the unexplained inordinate delay of 935 days in filing the appeal, because a legal right has already vested in the First Appeal No.423 of 2018 4 respondent of this appeal by efflux of time, which can be taken away only on proof of sufficient ground to the contrary.
3. Finding no merit in the application for condonation of delay of 935 days, the same is hereby dismissed. Main Appeal:
4. Since, the application for condonation of delay has been dismissed, hence the appeal is barred by time and is ordered to be dismissed in limine.
5. The appellant had deposited the amount of Rs.25,000/- at the time of filing this appeal. This amount alongwith interest, which accrued thereon, if any, be remitted by the Registry to complainants in equal shares by way of crossed cheque/demand draft after the expiry of 45 days.
6. Certified copies of the order be communicated to the parties under Rules.
(J. S. KLAR)
PRESIDING JUDICIAL MEMBER
(KIRAN SIBAL)
September 04, 2018 MEMBER
MM