ORDER ON EXHIBIT-1

PER HON’BLE MR.H.M.BADGUJAR, MEMBER

1.       Complainant filed application for delay condonation to filing consumer complaint.  As per the contention of the complainant that he have delay of 1434 days for filing the complaint. And first cause of action arose on 13/02/2018. The complainant states that, he had booked flat in “Sai Heritage” project of the opponent & paid amount of Rs.7,48,375/- to the opponent in respect of said flat, but there is no any progress in construction of said project hence the complainant cancel booking on 13/02/2018 and requested to the opponent for refund of paid amount.  After continuous follow ups the opponent refund Rs.3,50,000/- out of Rs.7,48,375/-.  The complainant further state that on 23/06/2022  the opponent had paid Rs.2,00,000/- towards the  cancellation of said flat and promised to pay remaining amount in the month March,2023 but even after opponent have not pay the remaining amount as promise.

          The complainant state that he is 91 year old and as per Covid-19 pandemic guidelines and financial in capacity he was not able to approach this Commission in time.  Hence delay occurred for filing this complaint.  He have not intentionally commit act of delay.

          Heard the complainant perused the application and documents along with complaint.  It is revealed that here the complainant have almost 1434 days delay as per contention of the complainant, but if the complainant should filed complaint on or before on 13/02/2020, hence as per record the  Complainant have approximately 3 years delay.  In this application  the complainant have satisfactorily explain period of delay and also there was Covid-19 pandemic situation in India Hon’ble Apex Court direction that period between 15/03/2020 to 02/10/2021 be exclude while counting limitation period.  Considering the direction of Hon’ble Apex Court and explanation of complainant. We are decided that delay be required to condone in the interest of justice.  Hence we passed following order.

ORDER

Application for condonation of delay is hereby allowed.