SINDHURA RESIDENCY WELFARE ASSOCIATION Vs. ANDHRA PRADESH STATE CONSUMER REDRESSAL COMMISSION AND ORS.

JUDGEMENT

(1.) This Writ Petition is filed for issue of Certiorari calling for records from respondent No.1 and to quash Order, dtd. 9/3/2012, in FAIA.No.699 of 2012 in FA(SR) No.1269 of 2012.

(2.) The petitioner is a Welfare Association pertaining to the flats constructed by respondent No.2. On the ground that respondent No.2 has left the flat owners in the lurch by not completing the construction as per the agreement, it has approached the District Consumer Forum, Visakhapatnam II, vide CC.No.36 of 2011 claiming compensation/damages. The said Case was dismissed on merits. Aggrieved by the said dismissal, the petitioner has filed an Appeal being FASR.No.1269 of 2012 before respondent No.1- Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad. As there was a delay of 133 days in filing the same, the petitioner has FAIA.No.699 of 2012 seeking condonation of delay. Respondent No.1, however, dismissed FAIA.No.699 of 2012 in limini by holding that the petitioner failed to offer satisfactory explanation for condoning the delay. Feeling aggrieved by the said order, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) Mr.Josyula Bhaskara Rao, learned Counsel for respondent No.2, submitted that the petitioner has an alternative remedy of revision under Sec. 21 of the Consumer Protection Act, 1956, before the National Consumer Disputes Redressal Commission.