(O&M) v. RAMESH KUMARI

Judgment

1. The petitioner petitioners assail order dated 08.11.2024 passed by the 08.11.2024 (Annexure P-19) passed by the , whereby a Consumer Disputes Redressal Commission (NCDRC), whereby a Consumer Disputes Redressal Commission National Consumer Disputes Redressal Commission revision petition filed by the petitioners challenging revision petition

05.01.2024 challenging order dated 05.01.2024 ) passed by the State Consumer Disputes Redressal (Annexure P-16) passed by the State Consumer Disputes Redressal ) passed by the State Consumer Disputes Redressal (Annexure P Commission (SCDRC), has been dismissed Commission being time barred i.e. on account has been dismissed being time barred i.e. on account of delay of 224 224 days in filing the revision petition. revision petition.

2. The dispute in nutshell, which led to respondent No.1 The dispute in nutshell instituting a espondent No.1 – R.N.Soni instituting a is that before the District Consumer Disputes Redressal Forum, is that before the District Consumer Disputes Redressal Forum, complaint before the District Consumer Disputes Redressal Forum, been allotted residential plot measuring 6 marla in espondent No.1 had been allotted residential plot measuring 6 marla in been allotted residential plot measuring 6 marla in respondent No.1 had Sector-12, Urban Estate, Palwal on free 12, Urban Estate, Palwal on free-hold basis, but hold basis, but the same had been cancelled on the ground of non-payment of dues/payments cancelled on the ground of non The District payment of dues/payments. The District Consumer Disputes Redressal Forum vide Consumer Disputes Redressal Forum

29.03.2019 vide its order dated 29.03.2019 VIMAL KUMAR 2026.03.30 11:21 I attest to the accuracy and integrity of this document (O&M) CWP-38260-2025 (O&M) 13) partly allowed the complaint and directed the petitioners (Annexure P-13) partly allowed the complaint and directed the petitioners 13) partly allowed the complaint and directed the petitioners (Annexure P ( 2 ) as under: herein as under: “7. From the above discussion, it has been clearly proved that there deficiency From the above discussion, it has been clearly proved that there deficiency From the above discussion, it has been clearly proved that there deficiency From the above discussion, it has been clearly proved that there deficiency

in service on the part of the OPs. Therefore, in view of the above facts and in service on the part of the OPs. Therefore, in view of the above facts and in service on the part of the OPs. Therefore, in view of the above facts and in service on the part of the OPs. Therefore, in view of the above facts and circumstances, the complaint of the complainant is partly allowed with costs circumstances, the complaint of the complainant is partly allowed with costs circumstances, the complaint of the complainant is partly allowed with costs circumstances, the complaint of the complainant is partly allowed with costs setting aside the resumption order of Plot No. 616, Sector setting aside the resumpti 12, Palwal of the on order of Plot No. 616, Sector-12, Palwal of the complainant being illegal. Therefore, the OPs are directed to: complainant being illegal. Therefore, the OPs are directed to: complainant being illegal. Therefore, the OPs are directed to: i. To re-allot the Plot No.616, Sector 12, Palwal to the complainant allot the Plot No.616, Sector-12, Palwal to the complainant with immediate effect or in case the plot in question is already with immediate effect or in case the plot in question is already with immediate effect or in case the plot in question is already to someone else then allot other available plot of the same allotted to someone else then allot other available plot of the same to someone else then allot other available plot of the same size in same sector or in other sector at Palwal. size in same sector or in other sector at Palwal. ii. To get deposit the dues of the plot in question from complainant, To get deposit the dues of the plot in question from complainant, To get deposit the dues of the plot in question from complainant, without charging any penalty, interest, surcharge & extension fee etc. without charging any penalty, interest, surcharge & extension fee etc. without charging any penalty, interest, surcharge & extension fee etc. to adjust the wrongly forfeited amount in the fresh allotment of and to adjust the wrongly forfeited amount in the fresh allotment of to adjust the wrongly forfeited amount in the fresh allotment of plot. iii. (One thousand one hundred only) as compensation To pay Rs.1100/- (One thousand one hundred only) as compensation (One thousand one hundred only) as compensation on account of mental agony, physical harassment & hardship, due to on account of mental agony, physical harassment & hardship, due to on account of mental agony, physical harassment & hardship, due to deficiency in service on the part of OPs. deficiency in service on the part of OPs. iv. (One thousand one hundred only) as litigation To pay Rs.1100/- (One thousand one hundred only) as litigation (One thousand one hundred only) as litigation charges.”

29.03.2019, the petitioners preferred Aggrieved against the said order dated 29.03.2019, the petitioners preferred 29.03.2019, the petitioners preferred Aggrieved against the said order dated an appeal before the SCDRC, but the same has been dismissed vide order an appeal before the SCDRC, but the same has been dismissed vide order an appeal before the SCDRC, but the same has been dismissed vide order an appeal before the SCDRC, but the same has been dismissed vide order dated 05.01.2024 (Annexure P-16). Still aggrieved, the petitioners dated 05.01.2024 (Annexure P filed a Still aggrieved, the petitioners filed a

05.01.2024 revision petition before the NCDRC challenging order dated 05.01.2024 revision petition before the NCDRC challenging order dated revision petition before the NCDRC challenging order dated , but since the same had been filed beyond the prescribed (Annexure P-16), but since the same had been filed beyond the prescribed , but since the same had been filed beyond the prescribed (Annexure P days, the same was period of limitation and there was a delay of 224 days, the same was period of limitation and there was a delay of period of limitation and there was a delay of dismissed being dismissed being time-barred vide

08.11.2024 impugned order dated 08.11.2024 impugned order dated (Annexure P-19). (Annexure P

4. while assailing the impugned order dated Learned counsel for the petitioners while assailing the impugned order dated while assailing the impugned order dated Learned counsel for the petitioner

08.11.2024 (Annexure P-19) vehemently argued that the delay of 2 9) vehemently argued that the delay of 224 days days in VIMAL KUMAR 2026.03.30 11:21 I attest to the accuracy and integrity of this document (O&M) CWP-38260-2025 (O&M) ( 3 ) was not so huge so as to decline the legitimate filing the revision petition was not so huge so as to decline the legitimate was not so huge so as to decline the legitimate filing the revision petition . It has been submitted that it is well claims of the HUDA (now HSVP). It has been submitted that it is well . It has been submitted that it is well claims of the that some kind of procedural delays do occur in the case of known that some kind of procedural delays do occur in the case of that some kind of procedural delays do occur in the case of that some kind of procedural delays do occur in the case of Government/semi-Government institutions/larg Government/semi e offices, as the file has to Government institutions/large offices, as the file has to pass through several channels before a final decision is taken in the matter pass through several channels before a final decision is taken in the matter pass through several channels before a final decision is taken in the matter pass through several channels before a final decision is taken in the matter and that as such, a liberal approach ought to have been taken by the NCDRC and that as such, a liberal approach ought to have been taken by the NCDRC and that as such, a liberal approach ought to have been taken by the NCDRC and that as such, a liberal approach ought to have been taken by the NCDRC days ought to have been condoned. Learned counsel, and the delay of 224 days ought to have been condoned. Learned counsel, days ought to have been condoned. Learned counsel, and the delay of 2 hus, prayed for setting aside the impugned order and for directing the thus, prayed for setting aside the impugned order and for directing the hus, prayed for setting aside the impugned order and for directing the hus, prayed for setting aside the impugned order and for directing the NCDRC to decide the revision petition on merits. NCDRC to decide the revision petition on merits. NCDRC to decide the revision petition on merits. raised on behalf of learned We have considered the aforesaid submissions raised on behalf of learned We have considered the aforesaid submissions 5. We have considered the aforesaid submissions counsel for the petitioners. counsel for the petitioners.

6. There is no denying the fa ct that in a fit case where the Courts in order to here is no denying the fact that in a fit case where the Courts in order to ct that in a fit case where the Courts in order to ensure that there is no miscarriage of justice would tend to be liberal ensure that there is no miscarriage of justice would ensure that there is no miscarriage of justice would condoning the delay, if some justifiable reasons are shown by the litigant condoning the delay, if some justifiable reasons are shown by the litigant condoning the delay, if some justifiable reasons are shown by the litigant condoning the delay, if some justifiable reasons are shown by the litigant seeking condonation of delay. However, t seeking condonation of delay. However, there is no broad yard-stick that delay of how many days is to be treated as an inordinate delay inasmuch as it delay of how many days is to be treated as an inordinate delay inasmuch as it delay of how many days is to be treated as an inordinate delay inasmuch as it delay of how many days is to be treated as an inordinate delay inasmuch as it is the facts of each case which are required to be borne in mind while is the facts of each case which are required to be is the facts of each case which are required to be considering as to whether the delay is sufficiently explained or not. The considering as to whether the delay is sufficiently explained or not. The considering as to whether the delay is sufficiently explained or not. The considering as to whether the delay is sufficiently explained or not. The Courts are not expected to be liberal to the Courts are no very purpose of the extent that the very purpose of At this juncture, it is apposite to refer to a prescribing limitation is defeated. At this juncture, it is apposite to refer to a At this juncture, it is apposite to refer to a prescribing limitation is defeated. judgment of Hon’ble Apex Court in Vedabai Vs. Shantaram Baburao judgment of Hon’ble Apex Court in Vedabai Vs. Shantaram Baburao Vedabai Vs. Shantaram Baburao Patil, (2001) 9 SCC 106 observed that a distinction must be , (2001) 9 SCC 106, , wherein it was observed that a distinction must be observed that a distinction must be made where delay is inordinate and a case where made where delay is inordinate and of few days and case where the delay is of few days and that in the case of an inordinate delay, the consideration of prejudice to the that in the case of an inordinate delay, the consideration of prejudice to the that in the case of an inordinate delay, the consideration of prejudice to the that in the case of an inordinate delay, the consideration of prejudice to the opposite side would be a relevant factor. opposite side would be a relevant fact VIMAL KUMAR 2026.03.30 11:21 I attest to the accuracy and integrity of this document (O&M) CWP-38260-2025 (O&M)

7. In Maniben Devraj Shah Vs. Municipal Corporation of Brihan Mumbai, Maniben Devraj Shah Vs. Municipal Corporation of Brihan Mumbai, Shah Vs. Municipal Corporation of Brihan Mumbai, ( 4 )