Challenge in these proceedings is to the order dated 31.07.2008 passed by the U. P. State Consumer Disputes Redressal -2- Commission, Lucknow (in short, ‘the State Commission’) in first appeal No. 1372 of 2002. The appeal before the State Commission was filed against an order dated 3.5.2002 passed by the District Consumer Forum, Gorakhpur in complaint case No. 528 of 1998, by which order, the complaint of the complainant was dismissed. The State Commission having regard to the conditions of allotment and that the complainant was not able to pay the balance amount of instalment, allowed the appeal filed by the complainant-appellant against the order of District Consumer Forum and ordered the opposite party to refund a sum of Rs.16,000/- alongwith 9% simple interest thereon from 6.5.1998 upto the date of actual payment. The present petition has been filed after undue delay of 915 days and though an application for condonation of delay has been filed but on a perusal of the same, we find that it does not disclose any sufficient cause on the strength of which the petitioner can seek condonation of delay. Therefore, the application is declined. In our view, having regard to the entirety of the facts and circumstances, the petitioner-authority was not well advised to challenge the order of the State Commission and that too after more than two and a half years -3- of the passing of the order, it ought to have gracefully accepted the same and complied with the same. The revision petition is accordingly dismissed in limini. |