SAHARA PRIME CITY LIMITED (SAHARA CITY HOMES) Vs. OM PRAKASH SHARMA S/O. LATE SHRI RAM ROOP SHARMA
Sahara Prime City Limited (Sahara City Homes)
Om Prakash Sharma S/O. Late Shri Ram Roop Sharma
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C.VISWANATH, J. -
(1.) Learned Counsel appearing on behalf of the Respondent/ Caveator states that there is a delay of 361 days in filing the appeal. The Hon'ble Supreme Court in Suo Moto Writ Petition(C) no.3 of 2020 on 23.03.2020 has passed the following order:
"To obviate such difficulties and to ensure that lawyers/ litigants do not have to come physically to file such proceedings in respective courts/ tribunals across the country including this court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended with effect from 15.03.2020 till further order/s to be passed by this court in present proceedings.
We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Court/s Tribunals and authorities.
This order may be brought to the notice of all High Courts for being communicated to all subordinates Courts/ Tribunals within their respective jurisdiction".
(2.) In view of the observation made by the Apex Court, the delay is condoned.
(3.) The present Appeal has been filed against the order dated 14.01.2020 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in Complaint no. 30 of 2018, whereby the State Commission directed the Appellants/ Opposite Parties to return the deposited amount of Rs.45,03,062/- to the Complainant within a period of three month with interest at the rate of 10% per annum from the date of deposit till the date of payment. In the event of failure to pay the amount within three months, the Appellants/ Opposite Parties were to pay interest at the rate of 18% per annum from the date of deposit till date of payment.;
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