(1.) IT is a common experience of this Commission, that Govt./Public/Statutory bodies have taken a vow that they will not file Revisions/Appeals unless the same are to be accompanied by application for condonation of delay. There is a perception in the mind of Statutory Bodies/Authorities who are having full -fledged legal departments, that they are above law and provisions of Limitation does not apply to them. That is why, invariably in more than 90% of the Petitions/Appeals filed by Govt. Bodies, are being accompanied by application for condonation of delay.
(2.) THE admitted facts in the present case are that respondent/complainant being a Senior Citizen, aged more than 73 years old, got himself registered with the petitioner/O.P in 1979 for allotment of an MIG flat. After a long delay of 17 years, respondent was allotted MIG flat no.92 (Ist floor) in Sector - 23, Dwarka by the petitioner on 11.11.1996. A sum of Rs.3,06,366.00 (being 50% of the total amount) was deposited by the respondent with petitioner on 8.3.1997. Due to lack of basic necessities of water and electricity, the flat was not handed over to the respondent and surprisingly the file of the flat was also misplaced. Since, possession of the flat was not given to the respondent till 2008, he filed a complaint under section 12 of the Consumer Protection Act, 1986 (for short, 'Act '). District Consumer Disputes Redressal Forum -II, New Delhi (for short, "District Forum ") vide order dated 30.8.2010, allowed the complaint and passed the following directions ;
(3.) PETITIONER being negligent in pursuing its appeal before the State Commission ought to have handed over possession of the flat which was booked by a Senior Citizen in 1973. However, petitioner being a statutory authority has chosen to further harass and prolong the agony of the old respondent by filing the present revision petition.