M/S. TDI INFRASTRUCTURE LTD Vs. DURGA SHARMA

JUDGEMENT

(1.) Heard Ms. Kanika Agnihotri, Advocate, for the appellant and Mr. Brij Bhushan (in person) husband and Authorized Representative of the respondent.

(2.) This appeal has been filed against the order of State Consumer Disputes Redressal Commission, Haryana, Panchkula dated 02.07.2019 passed in Complaint Case No.501 of 2018, Durga Sharma Vs. M/s. TDI Infrastructure Ltd., whereby the complaint was partly allowed and the appellant was directed to refund Rs.2782718.00 along with interest @12% per annum from the date of respective deposits till realization. The complainant was also awarded Rs.51000.00 as the compensation for mental agony and physical harassment and Rs.21000.00 as litigation charges. It has further been directed that in case the amount is not refunded within the period of three months then the interest would be @18% per annum.

(3.) The office has reported that the appeal has been filed with delay of 580 days. The appellant has filed IA/12146/2021, an application for condonation of delay in which, it has been stated that the appellant did not receive any notice of the complaint being instituted in the State Commission. The appellant was made aware of the impugned order and execution proceedings pending before the State Commission by way of execution application. After gaining knowledge of the execution application pending before State Commission by the end of January, 2020, the officers of the Company applied for a certified copy of the impugned order and had to wait for it. Thereafter the appellant company started to prepare for filing of appeal and could not prepare the appeal as the office of the Company was shut because of various lockdown measures, imposed by the Government due to the spread of Covid-19. The appeal was filed on 03.03.2021. Cause shown is sufficient. The delay in filing of the appeal is condoned.