BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTE
REDRESSAL COMMISSION, NEW DELHI
I.A. NO. OF 2016
IN
FIRST APPEAL NO. OF 2016
IN THE MATTER OF:
M/s. Jai Bhagwati Builders and Developers …Appellant
Versus
M/s Golden Tower Co-operative Housing Society Ltd. …Respondent
APPLICATION FOR CONDONATION OF DELAY
To
The Hon’ble President and his other Companion
Members of the Hon’ble National Consumer
Dispute Redressal Commission, New Delhi
The humble Petition of the
Appellant above named.
MOST RESPECTFULLY SHOWETH:
1. The Appellant prefers the present Appeal under Section 19 of the
Consumer Protection Act 1986 against the order dated
11.11.2014 passed by the State Consumer Dispute Redressal
Commission, Maharashtra, Mumbai in Complaint Case No.
CC/08/183 titled as M/s. Golden Tower Co-operative Housing
Society Ltd. Vs. M/s. Jai Bhagwati Builders and Developers.
2. That the Appellant is relying on the facts and grounds stated in
the accompanied appeal and is not repeating the same for the
sake of brevity in the present application for condonation of delay.
That the Appellant craves leave to refer the Appeal as and when
required.
3. That the Appellant through its partner Ms. Riddhima Sharad
Parab became aware of the impugned ex-parte order only when
she received the notice in the execution proceedings after being
arrayed as an accused around September, 2016 and accordingly
when she wanted to apply for the certified copy of the order, she
was not granted the same as she was not named as a party to
the proceedings. That the said partner is somehow trying to
convince the registry of the State Commission to provide the
certified copy as she is the partner but till date she has not been
provided a copy.
4. That most of the time after becoming aware of the impugned
order was wasted in trying to obtain the certified copy of the
impugned order which could not be obtained till date. further, the
appellant did not have any of the papers filed by the complainant
in the consumer complaint which are necessary to adjudicate the
appeal and as such could arrange for the same with great
difficulty as almost half of October was gone in vacations of
courts due to Dussehra and Diwali and thereafter the appellant
could arrange all the papers only by the first week of November.
5. That after collecting all the documents the appellant approached
the advocate in Delhi to prepare the appeal and file the same
which took some time as all the documents were also required to
be typed to be filed before this Hon’ble Commission. It is pertinent
to mention at this stage that the appellant has not slept over the
order and has not wasted any time after becoming aware of the
impugned order.
6. That the appellant not being aware of the impugned order since
11.11.2014 till around September, 2016 could not have filed an
appeal against the ex-parte order and therefore the delay of 710
days
7. That the Appellant has a good prima facie case in its favour and
the balance of convenience is in favour of the Appellant for
condonation of delay as prayed for and irreparable loss and injury
would be caused if the present application is not allowed in as
much as the Respondent has filed the Complaint with mala-fide
intentions to harass the Appellant and to extract unjust money
from the Appellant.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court
may graciously be pleased to:
a. condone delay of 710 days in filing the appeal against ex-parte
order dated 11.11.2014 passed by the Hon’ble State Consumer
Dispute Redressal Commission, Maharashtra, Mumbai in
Complaint Case No. CC/08/183 titled as M/s. Golden Tower Co-
operative Housing Society Ltd. Vs. M/s. Jai Bhagwati Builders
and Developers; and
b. pass such further and other orders as this Hon’ble Commission
may deem fit and proper in the facts and circumstances of the
case.
AND FOR THIS ACT OF KINDNESS THIS PETITIONER AS IN DUTY
BOUND SHALL EVER PRAY.
Filed by:
_______________________
Advocates for the Appellant
Address of the advocate
New Delhi – 110 057
Place : New Delhi Mobile : +91
Filed on: Email:
