DR. ABRAR Vs. HILTON CONSTRUCTION BUILDERS & DEVELOPERS

JUDGEMENT

(1.) This revision petition has been filed by Dr. Abrar-Ul-Haq Qureshi against the order dated 29.12.2016 of the State Consumer Disputes Redressal Commission, Telangana, (in short 'the State Commission') passed in FAIA No.1252 of 2016 in FASR No.3304 of 2016, wherein the appeal filed by the petitioner has been dismissed on the ground of limitation.

(2.) Learned counsel for the petitioner was heard at the admission stage.

(3.) The learned counsel stated that the petitioner had filed a complaint before the District Forum and the District Consumer Disputes Redressal Forum-III, Hyderabad, (in short 'the State Commission') vide its order dated 30.10.2013 allowed the complaint. The opposite party had preferred an appeal before the State Commission and the same was dismissed. The complainant preferred execution of the order dated 30.10.2013 and then it was realised that there is some ambiguity in the original order of the District Forum. Though, the District Forum vide its order dated 30.10.2013 had allowed certain claims like claim for rent till the possession was delivered, yet the same is not recorded in the operative portion of the District Forum order. Similarly, the District Forum also records that about Rs. 4,00,000/- is to be paid to the opposite party whereas, this amount was already paid to the opposite party. Realising these ambiguities in the order of the District Forum, the complainant preferred appeal before the State Commission. Obviously, the appeal was filed after a long delay of about 900 days and the State Commission has dismissed the appeal on the ground of limitation.