DELHI DEVELOPMENT AUTHORITY Vs. LAL CHAND (DEAD)

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 27.10.2014, passed by the Delhi State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in First Appeal No. 494/2013, Lal Chand (since deceased) through his legal representative Jai Pal v. Delhi Development Authority (DDA), vide which, the application for condonation of delay of 1355 days in filing the appeal before the State Commission was allowed and the said delay was ordered to be condoned. The petitioner DDA has filed the present Revision Petition, challenging the order of condonation of such delay.

(2.) Briefly stated, the facts of the case are that the complainant Lal Chand (since deceased), aged around 88 to 90 years, resident of Mangolpuri, Delhi booked a flat on 204.1981 in Janta category vide registration no. 24890 with the OP DDA. He submitted the necessary documents also, but the OP held that he was not eligible for allotment, based on the income criteria. The DDA cancelled the registration application and also gave information to the complainant. However, the complainant moved another application for restoration of registration with the DDA. Since his request was not accepted, he filed the consumer complaint in question, which was decided by the District Forum, vide order dated 30.07.2009 as case no. 491/2007. The District Forum held that the complainant was not entitled to any relief and hence, the complaint was dismissed. Being aggrieved against the order of the District Forum, Jai Pal, the legal representative of the complainant Lal Chand filed appeal no. 494/2013 before the State Commission along with application for condonation of delay of 1355 days. The said application having been allowed by the State Commission, the OP DDA is before this Commission by way of the present Revision Petition.

(3.) It was stated in the application for condonation of delay before the State Commission by the legal representative of the complainant that the impugned order of the District Forum was passed on 30.07.2009. The original complainant Lal Chand died on 22.08.2009, but his legal heirs were not aware of any proceedings before the District Forum. The legal heirs found certain documents relating to the complaint in question in February, 2013 only. The legal representative Jai Pal engaged a counsel, who after inquiry came to know that the matter had been decided by the District Forum on 30.07.2009. A copy of the order of the District Forum was procured on 21.02.201 The appeal was filed before the State Commission on 22.04.2013 along with application for condonation of delay. The State Commission held vide impugned order that there was no denial of the fact that the original complainant died immediately after pronouncement of the order of the District Forum. The legal representatives of the deceased could not be expected to have knowledge of the proceedings of the case. As soon as they got hold of the documents in question, they filed the appeal. The State Commission condoned the delay of 1355 days in filing the appeal.