S P CONSTRUCTIONS Vs. RANJIT PRASAD

JUDGEMENT

(1.) These Revision Petitions, under section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), have been filed by a real estate developer, the sole Opposite Party in the Complaints under the Act, against a common order, dated 26.10.2015, passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (for short "the State Commission") in Miscellaneous Applications No. MA/15/222, MA/15/223 and MA/15/224 in/and First Appeals No. A/15/511, A/15/512 and A/15/513 respectively. By the impugned order, the State Commission has dismissed the Applications filed by the Petitioner for condonation of delay in filing the Appeals and as a necessary corollary the Appeals as well.

(2.) The Appeals had been filed by the Petitioner against three separate orders, all dated 29.06.2013, passed by the District Consumer Disputes Redressal Forum at Thane (for short "the District Forum") in Complaint Cases No. 426 of 2010, 427 of 2010 and 428 of 2010, preferred by the Respondents/Complainants. By the said orders, the District Forum, while partly allowing the Complaints, had directed the Petitioner to deliver possession of the flats booked by the Complainants within eight weeks from the date of the said order(s), along with the occupancy certificate and all the amenities, mentioned in the Agreements entered into by the parties, and to pay to each of the Complainants a sum of Rs. 1,00,000/- as compensation and litigation costs within the aforesaid period of 8 weeks. By way of default clause, the District Forum had also directed that in case the said orders were not complied with by the Petitioner within the stipulated period, the Complainants would be entitled to compensation @ Rs. 500/- per day till the date of possession.

(3.) Aggrieved, the Petitioner filed the afore-noted Appeals before the State Commission, however, with certain delay. Identical Applications, praying for condonation of the said delay, had been filed along with the Appeals. As a matter of fact, exact period of delay was not mentioned in the said Applications.