MAHESHWARI RESIDENCY FLAT OWNERS ASSOCIATION Vs. MAHESHWARI BUILDERS

JUDGEMENT

(1.) This first appeal has been filed under section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 29.06.2012, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as "the State Commission") in Consumer Complaint No. 5/2004, filed by the present appellants.

(2.) Briefly stated, the facts of the case are that M/s. Maheshwari Residency Flat Owners' Association, Hyderabad filed consumer complaint no. 5/2004 before the State Commission, seeking directions to the opposite party (OP) builders, Maheshwari Builders, Hyderabad to provide amenities/facilities to the members of the complainant Association, including payment of compensation and refund of certain amounts to them. Vide order dated 17.01.2007, passed by the State Commission, it was directed as follows:-

(3.) Being aggrieved against the order of the State Commission, the opposite party (OP) Maheshwari Builders challenged the said order before this Commission by way of an appeal. However, the said appeal was dismissed by this Commission vide order dated 29.08.2012 on the plea that there was a delay of 305 days in filing the said appeal and the said delay had not been explained anywhere. On the other hand, the complainants filed penalty petition P.P. No. 34/2007 before the same Commission, which was decided on 14.11.2008. The State Commission ordered as follows:-