LAWS(NCD)-2024-6-37

ROMY CHACKO Vs. DLF SOUTHERN TOWNS PVT. LTD.

Decided On June 04, 2024
Romy Chacko Appellant
V/S
Dlf Southern Towns Pvt. Ltd. Respondents

JUDGEMENT

(1.) This First Appeal has been filed in challenge to the Order dtd. 25/2/2021 passed by the State Commission in C.C. No.106 of 2016.

(2.) The present appeal has been filed with reported delay of 682 days. As the delay is neither insignificant nor small, the appellant who is appearing in person and the learned counsel for the respondents have been heard first on the application seeking condonation of delay in order to decide whether the same deserves to be condoned or not.

(3.) The appellant has relied upon the grounds pleaded in the delay condonation application itself which have been reiterated by him. In order to facilitate better appreciation it may be appropriate to quote the delay condonation application as such which reads as follows:- 1. That the present appeal is filed against the Final Judgment and Order dtd. 25/2/2021 passed by Kerala State Consumer Disputes Redressal Commission, Vazhuthacaud, Thiruvananthapuram in CC No. 106 of 2016. The Hon'ble State Commission passed the impugned order on 25/2/2021 awarding the Appellant compensation to the tune of ?24,09,983 being interest on the amount of ?49,18,334 calculated at the rate of 12% per annum from 25/6/2013 till the date of handing over possession i.e. 28/7/2017. Appellant received the copy of the impugned order on 16/3/2021. 2. The facts and circumstances of the case are stated in detail in the accompanying appeal and the Appellants crave leave of this Hon'ble Commission to refer to and rely upon the same as part and parcel of this application. 3. Immediately after obtaining the impugned order the appellant filed an application before the State Commission seeking refund of the amount of Rs.18,44,000.00 deposited by him before the State Commission. The same was allowed and the appellant was returned the amount deposited by him before the State Commission along with interest. Appellant handed over the entire records of the case to the counsel who was handling the matter before the Execution court in Trivandrum.