INDIRA PROJECT Vs. VENKATESH

JUDGEMENT

(1.) This batch of three Revision Petitions, under section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), has been filed by the Builder, M/s Indira Project, Hubli, Karnataka, the Opposite Parties in the Complaints under the Act, against a common order dated 20.06.2013, passed by the Karnataka State Consumer Disputes Redressal Commission at Bangalore (for short "the State Commission") in Appeals No.665 to 667 of 2011. By the impugned order, while affirming the order, dated 11.01.2011, passed by the District Consumer Disputes Redressal Forum at Bijapur (for short "the District Forum") in the Complaints, the State Commission has dismissed the Appeals filed by the Petitioner herein. The District Forum had allowed the Complaints filed by the Respondents/Complainants, alleging deficiency in service on the part of the Petitioner/Opposite Parties in not allotting/handing over possession of the open site/plot to them by way of registered Sale Deed, in the project launched by them, of which they were the members and had paid substantial amounts towards sale consideration. While doing so, the District Forum had held that the Complainants were 'consumers' and there was deficiency in service on the part of the Opposite Parties in not delivering possession of the site to the Complainants. Consequently, the District Forum, inter alia, had directed the Opposite Parties to jointly get the sale deeds registered and deliver possession of the site to the Complainants, besides paying Rs.10,000/- for mental agony and Rs.3000/- as litigation costs to each of them.

(2.) It is pointed out by the office that these Revision Petitions are barred by limitation, as there is a delay of 719 days in filing the same. Similar applications praying for condonation of the said delay have been filed along with the Revision Petitions. In paragraphs 3 to 5 of the said applications, a short and crisp explanation furnished for the delay is as under:

(3.) We have heard learned counsel for the Petitioner on the question of delay.