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TMI Blog2004 (11) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... ortunity. The underlying object of the principle is to enable a person to do what he could have done on a holiday, on the next working day. Where, therefore, a period is prescribed for the performance of an act in a court or office, and that period expires on a holiday, then the act should be considered to have been done within that period if it is done on the next day on which the court or office is open. The principles underlying are lex non cogit ad impossibilia (the law does not compel a man to do the impossible) and actus curiae nemi nem gravabit (the act of Court shall prejudice no man). Above being the position, there is nothing infirm in the orders passed by the Forums below. However, the rate of interest fixed appears to be slig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ried in appeal before the State Consumer Disputes Redressal Commission, Haryana, Chandigarh (in short the State Commission ) by HUDA. By order dated 09.06.2003, the State Forum reduced the interest to 10% but otherwise affirmed the order of the District Forum. The matter was carried in revision before the National Consumer Disputes Redressal Commission (in short the National Commission ). By the impugned order dated 04.02.2004, the revision has been dismissed. Learned counsel for the appellant-HUDA submits that there was clear stipulation about forfeiture in case the intimation regarding non-acceptance is not given within 30 days. Therefore, according to him, the forfeiture was in order and the direction for refund within interest is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done on the next day on which the court or office is open. The reason is that law does not compel the performance of an impossibility. (See Hossein Ally V. Donzelle) ILR 5 Calcutta 906). Every consideration of justice and expediency would require that the accepted principle which underlies Section 10 of the General Clauses Act should be applied in cases where it does not otherwise in terms apply. The principles underlying are lex non cogit ad impossibilia (the law does not compel a man to do the impossible) and actus curiae nemi nem gravabit (the act of Court shall prejudice no man). Above being the position, there is nothing infirm in the orders passed by the Forums below. However, the rate of interest fixed appears to be slightly on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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