P. LAXMAN SHENOY Vs. SHASHI KUMAR

JUDGEMENT

(1.) This is a case of alleged claim of deficiency in service, negligence and unfair trade practice at the hands of the Appellant and Respondents No.2 to 4/Opposite Parties that they failed to deliver the schedule 2 BHK flat bearing No.1-301 and Car Park No.301 of Vailankanni's 'HEIGHTS', at Achukodi, Pachannady Village, Bondel, Mangalore on or before April 2014, as per the terms of Agreement for Sale between the Parties dtd. 10/4/2013. The total sale consideration was Rs.18,86,000.00. The Complainant had paid Rs.14,14,500.00. The Appellant and Respondents No.2 to 4 / OPs chose not to appear before the State Commission. The State Commission, Karnataka partly allowed the Complaint. The relevant portion of the impugned Order dtd. 26/11/2020 is as below: -

(2.) Being aggrieved, the Appellant filed the instant Appeal along with an Application vide IA/929/2023 seeking condonation for delay of 300 days in filing the instant First Appeal. However, as per report of the Registry, there is a delay of 744 days.

(3.) The Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020 in re: Cognizance for Extension of Limitation suspended the period of limitation for filing petitions/applications/ suits/appeals/all other quasi proceedings before any Courts/ Tribunals or any Authority due to Covid-19 Pandemic with effect from 15/3/2020 till 28/2/2022.