THE MANAGING DIRECTOR, H.P. STATE COOPERATIVE HOUSING FEDERATION Vs. SHRI GIAN CHAND AND THE HAMIRPUR COOPERATIVE HOUSE BUILDING SOCIETY LTD. THROUGH ITS PRESIDENT

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/complainant against the order dated 17.04.2012 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in M.A. No. 170/2011 in Appeal No. 91/2011 - The Managing Director, H.P. State Co -Op. Housing Federation Vs. Gian Chand & Anr. by which, appeal was dismissed as barred by limitation. Brief facts of the case are that learned District Forum allowed complaint of the complainant/Respondent No. 1 vide order dated 2.8.2001 and directed OP -1 Society to handover possession of the house to the complainant after receiving balance amount. In Execution Proceeding 15/2007 on account of compromise between the parties, Execution Petition was disposed of as partly satisfied against which, appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

(2.) NONE appeared for Respondent No. 2. Heard the petitioner and Respondent No. 1 and perused record.

(3.) IN application for condonation of delay filed before the State Commission, petitioner submitted that appeal could not be filed in time, as their Counsel did not inform about the order. Further, it was submitted that petitioner came to know about the order only, when it received copy of the order dated 3.8.2010 on 3.9.2010. Then, petitioner issued letter to the Counsel on 19.10.2010 and called his explanation and Counsel assured that he will get the order modified, but as he had not taken any steps; hence, delay of 7 months was caused in filing appeal.