GORAKHPUR DEVELOPMENT AUTHORITY Vs. GIRJA PRASAD RAI

JUDGEMENT

(1.) THIS Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Gorakhpur Development Authority, the Opposite Party, against order dated 19.04.2012 passed by the U.P. State Consumer Disputes Redressal Commission at Lucknow (for short "the State Commission") in Appeal No. 1163 of 2003, preferred by it. By the impugned order, the State Commission has dismissed the said Appeal, filed against order dated 05.04.2002 passed by the District Consumer Disputes Redressal Forum at Gorakhpur (for short "the District Forum") in Complaint No. 350 of 1999, for non -prosecution. By the said order, the District Forum, while allowing the Complaint, had directed the Petitioner Authority to charge the Complainant in respect of Flat No. 71 EWS, admeasuring 62.08 sq. meters, for the cost of the plot, corner charges and freehold charges, prevalent at the time of the allotment.

(2.) IT is pointed out by the office that this Revision Petition is barred by limitation, as there is inordinate delay of 924 days in filing the same. However, the Petitioner Authority contends that there is delay of only 210 days from the date of knowledge of the impugned order. An application for condonation of delay has been filed along with the Revision Petition. In paragraphs 3A to G of the said application, the explanation furnished is as under:

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