GHAZIABAD DEVELOPMENT AUTHORITY vs RATTAN PRAKASH GARG

PETITIONER was the opposite party before the District Forum where respondent/complainant, Shri Garg had filed a complaint alleging deficiency in service on the part of the petitioner.

BRIEF facts of the case are that the respondent had applied for a single storey house in Govindpuram floated by the petitioner by depositing certain sum on 29.10.1988, reservation-cum-allotment letter was issued on 28.4.1993. The price of the house earlier indicated at Rs. 2,15,000/- was increased to Rs. 2,52,126/-. When in spite of several letters and visits, possession of the house was not delivered, alleging deficiency in service, a complaint was filed before the District Forum who after hearing the parties allowed the complaint and directed the petitioner to deliver the house within a period of 2 months of the order and also directed him to pay the interest @ 18% from 17.12.1993 till the date of possession alongwith cost of Rs. 2,000/-. On an appeal filed by the petitioner it was dismissed with a cost of Rs. 2,000/- hence this Revision Petition. As per record, the order of the State Commission was passed on 6.11.2001 wherein the Revision Petition has been filed in December, 2002. We see a considerable amount of delay in filing this petition before us. This Commission has already laid down 90 days'' period within which to file the Revision Petition. We have heard the arguments on the point of condonation of delay. The delay is ascribed to the time taken for processing at the departmental level and time consumed in deciding on the point of the filing of a Revision Petition before this Commission or not.

In our view this application of condonation of delay does not give out sufficient reasons to condone the delay of over 9 months in filing the Revision Petition before us. It is not to be forgotten that a right has accrued to the complainant who has been waiting to the house to be allotted since the depositing of amount from 1989 onward. We see no ground to condone this delay as no details about the delay, time taken for processing at various levels or any other date-wise details on the time taken at various levels have been given out in the application of condonation of delay. We found no merits in the application for condonation of delay, which is dismissed in view of which, this Revision Petition is also dismissed as barred by limitation. Revision Petition dismissed.