Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member

Complainant himself has filed this appeal against rejection of condonation of delay application filed by the complainant. District Consumer Disputes Redressal Forum, South Mumbai by its order dated 15/6/2009 passed in consumer complaint no.260/2008 rejected condonation of delay application observing that complainant has sold the flat to third party and had filed complaint for refund of excess amount, which he had paid to the appellant builder.  Forum below noted that there is delay of more than 4 years and delay cannot be condoned and holding that complaint as filed by the appellant is barred by limitation, dismissed the complaint. 

We heard Mr.A.M.Koyande-Advocate for the appellant for pretty long time.  We perused condonation of delay application and there is no just and sufficient cause mentioned in the delay condonation application.  Delay is of 4 years and it is not explained at all by giving satisfactory explanation or just cause.  It is pertinent to note that complainant himself with the help of builder sold the flat to third party before taking possession and he earned some premium amount by selling his flat to third party.  Such a person cannot be heard to say after 4 years that builder has charged him some excess amount than he was required to be charged.  In the totality of the circumstances, there is no merit in the appeal.  Appeal is summarily rejected.