The first respondent herein (hereafter, the complainant) approached the District Forum, Karimnagar by filing C.D. No.428 of 1999 seeking a direction to the petitioners (opposite party Nos.1 and 2) to refund an amount of Rs.78,450/- with interest, damages and costs. Her case was that she joined M/s.Vishweshwarayya Housing Corporation as a member in a scheme called ‘own your house on easy instalments’ scheme; paid an amount of Rs.78,450/- in instalments during October, 1997 and November, 1997; but the opposite parties failed to discharge their obligations nor refunded the amount. After service of the notices, the opposite party Nos.1 and 3 filed counter affidavits, and opposite party No.2 remained ex parte. An enquiry was conducted by the District Forum. By order dated 13.9.2005, the C.D. was allowed directing the payment with interest at 9% per annum. Aggrieved thereby the opposite party Nos.1 and 2 filed appeal being F.A. S.R. No.1465 of 2008. They also filed delay excuse petition being F.A. I.A. No.573 of 2008 to condone the delay of 497 days in preferring the appeal. They pleaded that the copy of the order of the District Forum was not duly served on them. Disbelieving the plea, the Andhra Pradesh State Consumer Disputes Redressal Commission (the State Commission) dismissed the delay excuse petition, against which the present writ petition is filed.
