NCDRC

NCDRC

RP/3463/2009

SEEMA ANIL SHAH & ORS. - Complainant(s)

Versus

ANILKUMAR L. ACHARYA & ORS. - Opp.Party(s)

MR. ANAND PATWARDHAN

22 Oct 2009

ORDER

Date of Filing: 14 Sep 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3463/2009
(Against the Order dated 15/10/2008 in Appeal No. 690/2008 of the State Commission Maharastra)
1. SEEMA ANIL SHAH & ORS.Flat No. 301& 401, Acharya Niwas 3rd & 4th Floor Mumbai-400057 ...........Appellant(s)

Vs.
1. ANILKUMAR L. ACHARYA & ORS.29, Park Road, Vile Parle E Mumbai-4000572. SHRI mACHAV L. ACHARYA 202. Acharya Niwas 2nd Floor . 29. Park Road. Vile Parle E. Mumbai-4000573. ALKA ANIL KOLHATKAR R/at. D-14, Poonam Baug. 1st Floor Nariman Road. Vile Parle E Mumbai-4000574. JYOTSNA KIRTIKUMAR JOSHI R/o. At D-14. Poonam Baug. 1st floor. Nariman Road, Vile Parle E Mumbai-4000575. NISHA DEEPAK KIRTANA R/o. At D-14. Poonam Baug. 1st floor. Nariman Road, Vile Parle E Mumbai-4000576. SHRI ALKA ANIL KOLHATKAR R/o. At D-14. Poonam Baug. 1st floor. Nariman Road, Vile Parle E Mumbai-400057 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. ANAND PATWARDHAN
For the Respondent :NEMO

Dated : 22 Oct 2009
ORDER

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          This order shall dispose of aforementioned revision petitions as the facts and point of law involved are the same.

-2-

          These revision petitions have been filed with a delay of 208 days which is over and above the statutory period of 90 days given for filing the revision petition.  Under the Consumer Protection Act, 1986 consumer foras are required to decide the case within 90 days in case no evidence is required to be taken and within 150 days in case evidence is required to be taken.  Delay of 208 days, which is over and above the statutory period given for filing the revision petition, cannot be condoned without showing sufficient cause.  We are not satisfied with the cause shown.   Petitioners have not attached any Medical Certificate in support of the averment made in the application for condoantion of delay that Sh. Harshad Trivedi, Advocate, whom they had approached, suffered from a paralytic stroke.  Petitioners have not mentioned the date on which they had approached Sh. Tripathi or the date he suffered the stroke.  Delay of 208 days, under the circumstances, cannot be condoned.  Application for condontion of delay is dismissed.  Consequently, revision petitions are dismissed as barred by time.

 

-3-

          At this stage, counsel for the petitioners states that they are prepared to comply with the order of the State Commission provided the respondents cooperates with them. 

            Counsel for the respondents has assured us that they would cooperate with the petitioners to enable them to get the Completion Certificate and Occupation Certificate.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER