RAGHUVEER SINGH Vs. TREHAN HOME DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) As per the records of the Registry, there is a delay of 1668 days in filing of this Appeal. The Appellant filed IA No.5197 of 2022 seeking condonation of the said delay. As per the Appellant, the impugned order was passed by the learned State Commission, Rajasthan in CC No. 96/2016 on 26/9/2017. Thereafter, the Complainant met the Opposite Party (OP), notified the impugned order and requested them to handover the flat in question. After receiving the notice, the OP wrote a letter to the Appellant to take possession of the flat. When he went there, he was surprised to see someone else living in his flat. He immediately complained. However, no action was taken by the OP and he tried to mislead him and passed time. The Appellant filed contempt petition under Sec. 27 of the Act before the learned State Commission. After the State Commission issued Bailable Warrants, they came before the State Commission and stated that they are ready to give possession of the above-said flat. The Complainant proved that the said flat is being used by someone and produced complete record with photographs before the State Commission and asserted that the OP was trying to handover a used flat, while the Complainant paid for a new flat.

(2.) As it is now not possible for the OP to handover a new flat, the Complainant requested to refund the amount deposited with interest. But the OP completely denied the refund. These facts came on record during August 2020. While the Complainant was taking steps to approach the NCDRC, due to Covid-19 pandemic and lockdown, he was unable to pursue as he could not even contact his counsel. After lockdown was relaxed all the documents were to be translated to English, which consumed lot of time. As per orders of Hon'ble Supreme Court the limitation will started from 15/3/2020 to 28/2/2022 and added 90 days which completed on 28/5/2022. The translation of records also consumed a lot of time. Thus was the delay and he sought condonation of the same.

(3.) As per the Registry, the Appellant received the copy of the Impugned order dtd. 26/9/2017 on 5/10/2017. However, the present FA was filed on 30/5/2022. The Appellant cited onset of Covid-19 pandemic and need for translation of documents etc as reasons delay. He thus sought condonation of 1670 days of delay. 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 proceedings before any Courts/ Tribunals or any Authority due to Covid-19 Pandemic from 15/3/2020 till 28/2/2022.