- The present Review Application has been filed by the Applicant/ Petitioner – M/s Vishwabharathhi House Building Co-operative Society Limited, praying for review of the Order dated 06.03.2020 passed by this Commission in First Appeal No.2353 of 2019, which is reproduced as under:-
“8. I have given thoughtful consideration to the arguments of learned Counsel and perused the evidence on record. From the various receipts placed on record by the Respondent, it is apparent that the conclusion of the State Commission that a total sum of ₹35,25,000/- was paid by the Respondents cannot be found fault with. It also stands proved from the evidence on record that it was the Appellant who had floated the scheme of allotment of housing complex in the name of Vishwabharathi Housing Complex, Phase I, II, III and IV now named as Girinagar, Bangalore. All the receipts show that the payment had been made towards the allotment of site in the said housing project. If there is some misappropriation done by the President of the society, the rights of the allottees do not get affected by it. The Respondents/Complainants since had made the payment for the allotment of the sites in the said housing project, which was floated by the Appellant, it was their liability to refund the said amount. The Appellants are however free to take legal actions, criminal or civil against those persons who had not acted as per the rules and regulations of the society or had acted criminally. 9. The present Appeal has no merit and the same is dismissed in limine.” - It is seen that this Review Application has been filed after a delay of around 1643 days beyond the period of limitation. I have gone through the Application for Condonation of Delay. In the Application for Condonation of Delay, no ground has been mentioned except for stating that the delay is not intentional but is due to circumstances beyond the control of the Petitioner/ Appellant Society and due to bonafide reasons. No reasons have been provided. Under no stretch of imagination such reasoning can be considered to be a sufficient cause for condoning delay, which according to learned Counsel for the Petitioner himself is of 1643 days.
- These are consumer cases being considered by Consumer Commissions under the Consumer Protection Act, 1986/ 2019. The legislative intent in passing such legislation was fixing time limit for deciding consumer cases. Allowing such huge delay would make a mockery of both the Act as well as the legislative intent.
- We find no sufficient cause to allow such condonation of delay. The Review Application has been filed under Section 60 of the Consumer Protection Act, 2019. As per Regulation 14 (1) (iii) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020, a period of 30 days from the date of Order has been provided. The Order of this Commission is dated 06.03.2020. The Review Application is filed on 04.10.2024. Allowing 30 days, the delay is around 1613 days beyond the period of limitation. Even under the Limitation Act, 1963 under the Schedule No.124 the period of a review of judgment by a Court other than the Supreme Court is only 30 days. We find no reason to entertain this Review Application as this is beyond the period of limitation and is, therefore, not maintainable. Accordingly, the Review Application is dismissed as time barred.
5. The Order shall be communicated by the Registry to the Review Applicant. |
