Time Bar Prevails: Housing Society's Belated Review Application Dismissed.
24 October 2024
Civil Revision >> Civil & Consumer Law
The initial order of the NCDRC had affirmed the State Commission's conclusion that the respondents had indeed paid the aforementioned amount for site allotments within the Vishwabharathi Housing Complex, a scheme floated by the Applicant/Petitioner Society. The Commission had further noted that any internal misappropriation within the Society would not absolve them of their responsibility towards the allottees who had made legitimate payments. Consequently, the First Appeal was dismissed.
However, the Society's subsequent Review Application faced a significant hurdle due to the immense delay in its filing. According to the NCDRC's observations, the application was filed roughly 1643 days past the permissible limitation period. An accompanying Application for Condonation of Delay was submitted, but it failed to provide any tenable reasons for the extensive delay, merely stating that it was unintentional and due to circumstances beyond the Society's control and for bonafide reasons, without elaborating on these circumstances.
The NCDRC expressed strong disapproval of this lack of explanation, stating that such reasoning could not, by any stretch of imagination, be considered sufficient cause for condoning a delay of such magnitude. The Commission emphasized the legislative intent behind the Consumer Protection Act, 1986 (and subsequently the 2019 Act), which was to ensure the timely resolution of consumer disputes. Allowing such inordinate delays would effectively undermine the very purpose of the legislation.
The Commission further drew attention to the Limitation Act, 1963, which also stipulates a 30-day period for the review of a judgment by a court other than the Supreme Court. Given the absence of any plausible explanation for the years-long delay, the NCDRC found no justifiable reason to entertain the Review Application.