L D A Vs. B S SETHI

JUDGEMENT

(1.) This is a revision petition filed by the petitioner, Lucknow Development Authority (L.D.A.) against the order of the State Commission dismissing the appeal on the ground of limitation.

(2.) Brief facts of the case are that the respondent/complainant was a tenant of L.D.A. and on an arrangement arrived at between parties agreed to buy the house whose price was fixed at Rs. 94,900/- of which 25% or Rs. 23,725/- was deposited as advance on 11.11.1987. The petitioner after about nine years demanded enhanced cost of Rs. 1,64,710/- which was also paid on 30.6.1996. The cost of house finally worked out totalling Rs. 77,680.98 - Sale deed was executed on 23.4.1997 and an amount of Rs. 40,079/- was also refunded on 5.6.1997. No reasons were forthcoming for non-payment of balance of deposited excess amount of Rs. 70,675/- for which the complainant filed a complaint before the District Forum. It was the case of the petitioner that legible copies of the complaint have not been supplied to him, hence inability to file written version. District Forum directed the complainant to give the respondent a legible copy upon which the District Forum proceeded with the case. The respondent filed a revision petition before the State Commission on the same ground. State Commission directed the complainant to supply a legible copy of the complaint. The District Forum after hearing both the parties directed the petitioner to refund Rs. 70,675/- with interest @ 16% from 3.9.1996 with cost of Rs. 1,500/-. This order was passed on 17.5.2000. Against this order the petitioner filed an appeal before the State Commission on 2.2.2001. The State Commission was not satisfied on the reasons for delay, hence dismissed the appeal as barred by limitation, hence this revision petition.

(3.) It was argued by the learned Counsel for the petitioner that they never got the legible copy from the complainant in spite of orders from the District Forum and State Commission. District Forum moved ex parte. They came to know of the order only at the stage of execution only then they could file appeal. State Commission erred in not condoning the delay. Period of limitation should start from the date of their knowledge. On merits their case is that they refunded the requisite amount, outstanding amount, nothing remains hence this order of the District Forum to refund Rs. 70,675/- with interest is without any basis.