DHARAMVIR SINGH Vs. TDI INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) IA/940/2015 (C/DELAY OF DELAY)

(2.) The complainant/petitioner booked a residential flat admeasuring 1110 sq.ft. with the respondent in a project, namely, TDI City at Kundli in District Sonepat of Haryana, making an initial payment of Rs.3 lakh on 26.2.2006 followed by payment of Rs.2,50,000/- on 29.9.2006. The grievance of the complainant is that no allotment was made to him despite the payment which he had already made. He, therefore, approached the concerned District Forum by way of a consumer complaint seeking possession of a residential flat in the above-referred project alongwith compensation etc. 2. The complaint was not resisted by the respondent which did not come forward to file any written version. The District Forum vide its order dated 30.10.2013 directed the respondent to refund the amount received from the complainant alongwith interest @ 9% p.a.

(3.) Being aggrieved from the order passed by the District Forum, the complainant approached the concerned State Commission by way of an appeal. Since there was a delay of 275 days in filing the appeal, an application seeking condonation of delay of the said delay was also filed. The appeal preferred by the petitioner was dismissed by the State Commission as barred by limitation as well as on merits. Being aggrieved, the petitioner/complainant is before this Commission.