VIYAYAK ANANT WAIKAR Vs. RAMESH VASANT SHELAR

JUDGEMENT

(1.) Heard Counsel for the Petitioner.

(2.) The complainants /Respondents had entered into an agreement on 2.5.2001 for purchase of a flat to be constructed by the present Petitioner. According to the complainant, he had paid a sum of Rs. 2,2,000, but the Petitioner did not carry out the construction work and as such, he sought refund which was not granted. The complainant, therefore, approached District Forum. Before the District Forum, notice was issued to the present Petitioner and the packet containing notice was returned to the District Forum with endorsement 'Refused'. The service on the Petitioner was held to be legal and proper vide order dated 17.3.2009 and the matter was proceeded exparte against the present Petitioner. These facts are contained in paragraphs 2 and 3 of the order of the District Forum. The District Forum allowed the complaint and directed the present Petitioner to pay the said amount of Rs. 2,02,000 with 9% interest from the date of such payment i.e. 6.3.2002 till realization thereof.

(3.) The Petitioner challenged the said order of the District Forum in appeal before the State Commission. The appeal was filed with delay of 208 days. The State Commission dismissed the appeal on the ground that no sufficient cause has been shown to condone delay. This order is subject matter of challenge in revision before us.