SUPERTECH LTD Vs. ANIL SHARMA

JUDGEMENT

(1.) Heard.

(2.) This appeal has been filed against the order dated 7.7.2017 passed by the State Commission, Uttar Pradesh in Consumer Complaint No.23/3012. The brief facts of the case are that the respondent had booked a flat with the OP/appellant herein. Later on, as the complainant did not pay the instalments, the OP cancelled the booking but did not refund the amount taken from the complainant. A complaint was filed by the complainant before the State Commission. The State Commission partly allowed the complaint in the sense that the OP has been directed to refund the amount taken from the complainant alongwith 10% p.a. interest. Now, the OP has come in appeal before this Commission and the appeal has been filed with a delay of 102 days as reported by the office. The application for condonation of delay has been filed for condoning this delay. The facts stated in the application for condonation of delay are as under:

(3.) It is clear from the above that the reasons are not sufficient to condone the delay. It has been held by Hon'ble Supreme Court that procedural delay cannot be sufficient and reasonable cause to condone the delay as held in Post Master General and others vs. Living Media India Ltd. and another, 2012 3 SCC 563 as under;