HARYANA URBAN DEVELOPMENT AUTHORITY Vs. MOHINDER SINGH CHAUHAN

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 16.9.2003 passed by District Consumer Disputes Redressal Forum, Kaithal whereby while accepting the complaint of respondent - complainant, following relief was granted:

(2.) THERE is delay of 128 days in filing of the present appeal and the condonation of which has been sought by moving an application under Section 5 of the Limitation Act. The application is accompanied with an affidavit of Mr. Sanjay Rai, HCS, Sub -divisional Officer (Civil) -cum -Estate Officer, Haryana Urban Development Authority, Kaithal.

(3.) WHILE dealing with the application for condonation of delay, it cannot be ignored that the delay cannot be condoned on the ground of equity and generosity but at the same time it can be taken into consideration that in case of any legal infirmity committed by the District Consumer Forum while passing the impugned, order, which is apparent on record, the same cannot be allowed to continue as it would amount to no order in the eyes of law.