TDI INFRASTRUCTURE PVT. LTD. Vs. AMITABH NANGIA

JUDGEMENT

(1.) This appeal assails the order dtd. 4/5/2017 of the Delhi State Consumer Disputes Redressal Commission, Delhi in Complaint no. 118 of 2012.

(2.) We have heard the learned counsel for the parties. Learned counsel for the appellant has filed an IA no. 5053 of 2018 seeking to condone the delay of 256 days. According to the respondent there is a delay of 286 days which was contended to be unjustified. Both learned counsel made oral submissions on the preliminary issues of limitation.

(3.) The reasons stated in the application for condonation of delay are that after final arguments were heard by the State Commission the matter was reserved for orders and the State Commission, vide its order dtd. 4/5/2017, pronounced the same. The learned counsel for the appellant submits that the certified copy of the order was dispatched by the State Commission by registered post and was received in the office of the appellant on 17/5/2017. On receipt of the same, the same was sent to the counsel for the appellant seeking legal advice with regard to filing of the present appeal. On the advice of the counsel for the appellant, an appeal was preferred before this Commission on 1/3/2018. As the respondent had filed two other cases through his daughters against the appellant, the appellant sought to settle all three connected matters together. The learned counsel for the appellant submits that one case already stood settled with the appellant on 25/4/2017. It was stated that on several occasions the parties made efforts to settle the matter and the appellant attempted a proposal whereby all three connected matters could be settled, which was also filed in M/s Urvashi Nangia vs M/s TDI Infrastructure Pvt. Ltd., (CC/368/11). In view of the on-going efforts for an amicable settlement between the parties, the appellant refrained from filing an appeal against the impugned order. It was stated that the delay was due to his efforts to settle all three connected matters. However, in view of the adverse order of the State Commission in M/s Urvashi Nangia vs M/s TDI Infrastructure Pvt. Ltd., the appellant filed the present appeal. Hence, a delay of 256 days occurred in filing the present appeal which was prayed to be condoned.