Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Interest - Commission was not justified to award a lesser interest than even the one agreed upon in the agreement - Interest modified to the extent to be paid at the rate of 12% p.a in view of agreement...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 29 years in filing revision - No sufficient explanation has been offered by petitioner for such an inordinate delay - Conduct of petitioner prima facie appears to be mala fide - Delay cannot be condoned unless sufficient reason is assigned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Construction agreement - Delay in handing over possession of flats - Due date for handing over possession of flat is to be fixed as per terms and conditions mentioned in construction agreement...........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 21 -- Recording of statement of a child - When there is deliberate or wilful delay in recording and registering crime on getting information regarding commission of offence under POCSO Act, S.21 of POCSO Act would squarely apply...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Liberal approach is to be adopted by Court while considering sufficient cause and in the matters of substitution, pending suit...........
