How to repoen a disposed case in Karnataka State Consumer Comm four year ago
4 months ago
13-Apr-2013 - Made agreements with a builder of Sale & to build and I Paid 90% of Rs.51 Lakhs by 29-Apr-13
30-Jun-2013 - Was the date to complete & execute the sale deed & get legal documents OC, CC, Possession certificate, etc.
04-Jun-2016 - I filed a Complaint in District Consumer Court to pay a penalty as the builder was arrogant about the project delays
25-Nov-2016 - District Consumer Court Disposed "Per Order Builder to pay me X amount & to execute the sale deed.
29-Dec-2016 - Builder Appeal in KS Consumer Disputes Redressal Comm & Interim Stay Order
04-Jan-2017 - Interim Stay Order from State Comm District Consumer Court Order Stay
10-Sep-2018 - Respondent(My) Application from my earlier Advocate to transfer to RERA,
Wrong Advice/Mistake from my advocate, he thought RERA would resolve it in 60 days
22-Dec-2019 - State Commission Court Disposed. The order says: "Respondent is permitted to withdraw the complaint and present before the appropriate Forum". Mistakenly, I did not go to RERA or any other forum last four years due to COVID and my health issues. The builder did not give me possession, or a sale deed till now and I am in fix now. Please suggest to me how to about it.
While your case has exceeded the legally defined timeframe for reopening in any court or forum due to the law of limitation, there is still a potential avenue for consideration. You can explore the option of approaching the High Court through an appeal, accompanied by a petition seeking condonation of the delay under Section 5 of the Limitation Act, 1963. This provision allows for the condonation of delay under certain circumstances, such as subsequent changes in the law, the illness of a party, imprisonment, being a Pardanishin Lady, belonging to a minority group with insufficient funds, poverty, being a government servant, or if the delay is caused by the pendency of a writ petition, illiteracy, among other valid reasons. To successfully secure an extension of time under Section 5, it is essential to demonstrate to the court that there exists sufficient cause for not filing the suit, appeal, revision, or objections within the originally prescribed period. In this context, a pertinent judgment rendered on September 13, 2022, by the Supreme Court (Civil Appeal No. 6554 of 2022 arising out of Special Leave Petition (C) No. 25554 of 2018) in the case of RAMAN (DEAD) BY LRS. …APPELLANT(S) Vrs. R. NATARAJAN ...RESPONDENT(S) may provide valuable insights and guidance applicable to your current situation.
Your case has now crossed the threshold timeline to reopen before any Court or Forums for trial afresh as per law of limitation. However, you can take a chance by approaching the High Court through an appeal along with a petition for condonation of delay under Sec.5 of the Limitation Act, 1963, Following are the instances when the delay can be condoned - Subsequent changes in the law. Illness of the party. A party is a Pardanishin Lady, Imprisonment of a party. The party belongs to a minority group that has insufficient funds. Poverty or paupers. A party is a government servant. The delay is caused by to pendency of the writ petition, The party is illiterate etc. To obtain an extension of time by invoking the provisions of section 5 of the Act, the party seeking extension must satisfy the court that he had sufficient cause for not filing the suit, appeal, revision or objections within the prescribed period. In this context, a relevant judgment passed on 13/09/2022 by the Supreme Court may be referred to - CIVIL APPEAL NO. 6554 OF 2022 arising out of Special Leave Petition (C) NO.25554 OF 2018 between RAMAN (DEAD) BY LRS. …APPELLANT(S) Vrs. R. NATARAJAN ...RESPONDENT(S). which may otherwise be helpful to you in the present situation.
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