ORDER ON EXHIBIT-1

PER HON’BLE MR.H.M.BADGUJAR, MEMBER

The complainant filed application for delay condonation to filing consumer complaint as per the contention of the complainant that she have delay of 1434 days for filing the complaint and first cause of action arose on 13/02/2018.  The complainant states that she had  booked flat in “Sai Heritage” project of  the opponent and paid amount of Rs.7,48,375/- to the opponent in respect of said flat, but there was 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 refund Rs.2,00,000/- towards the cancellation of said flat and promised to pay remaining amount in the month of March, 2023 but even opponent have not pay the remaining  amount as promised.

          The complainant state that as Covid-19 pandemic and guidelines of Government for precaution and also financial incapacity she was not able to approach this authority in time.  She have not commit act of delay intentionally and wilfully.

          Heard the complainant perused application and documents along with the complaint.  It is  revealed that here the complainant have almost 1434 days delay as per contention of the complainant but if  the complainant have arise first cause of action  on 13/02/2018 then complainant should filed complaint on or before 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.