DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 7th day of February, 2023
Filed on: 29/11/2021
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
I.A. NO. 126/2023 IN CC NO.458/2021
Between
PETITONER/OPPOSITE PARTY
C.E.O., Audi Kochi, M/s. K.P. Cars (P) Ltd., N.H. 47, Vyttila-Aroor Bypass Road, Maradu, Kochi 682034.
(Rep. by Adv. V. Krishna Menon, Menon & Menon, Kumarn Arcade, 1st Floor, Power House Road, Kochi 682018)
VS
REPONDENT/COMPLAINANT
Ranjith Joseph, S/o. T.T. Joseph, 43/2648, Thayyarappilly House, Palissery Road, Palarivattom P.O., Ernakulam, PIN 682025.
FINAL ORDER
V. Ramachandran, Member:
This complaint is filed by Ranjith Joseph stating that he had paid an amount of Rs.1,00,000/- as advance being the booking amount for an Audi A4 Car on 29/10/2014 to the opposite party. The complainant issued a cheque in favour of opposite party bearing No. 10065572 drawn on Federal bank, Bypass Branch, Ernakulam.
The complainant further states that he suffered huge monetary crises thereafter and hence he could not purchase the vehicle. This fact was informed to the opposite party in time. Thereafter financial status of the complainant had been increased and then the complainant again approached the opposite party and expressed his willingness to purchase the car and the opposite party told the complainant that there is variant model of Audi Car and the complainant can book the car, if interested, by paying an additional amount of Rs.2,00,000/- to the earlier amount of Rs.1,00,000/-. Then the complainant again had paid another Rs.2,00,000/- on 21/09/2015 vide cheque No. 10065589 of Federal bank, Bypass Branch. The complainant thereafter fell into heavy loss and became helpless to perform the purchase of the said Audi Car. Thus the complainant had paid a total of Rs.3,00,000/- to the opposite party. The complainant further states that the opposite party had not delivered the car to the complainant and the complainant had not paid the balance amount being the cost of the car to the opposite party. This complaint is filed by the complainant seeking for issuing direction to the opposite party to refund the amount paid by the complainant.
The Commission took the case on file on 16/12/2021 and issued notice to the opposite party on 07/01/2022. Upon notice the opposite party appeared before the Commission and filed their version.
The opposite party also filed a maintainability petition challenging the period of limitation. Commission upon hearing both sides and on examination of all the records available from both sides and the judgement pronounced by High Court, Supreme Court and National Commission under similar circumstances regarding limitation and also after examination of Section 10 24-A which reads as follows:
10. Section 24-A of the Consumer Protection Act, 1986 expressly casts a duty on the Commission admitting a complaint, “to dismiss a complaint unless the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that the complainant had sufficient cause for not filing the complaint within the period of two years from the date on which the cause of action had arisen.”
The cause of action of this case is initially occurred on 29/10/2014 the date on which the complainant had paid an amount of Rs.1,00,000/- to the opposite party and subsequently on 21/09/2015 on which the complainant had again paid an amount of Rs.2,00,000/- to the opposite party. So the cause of action arises on 21/09/2015 which is the latter date. Even if that date is taken into account, the complaint is bad for want of limitation. The complainant could not have produced any documents or offered any valid reason for the inordinate delay occurred in filing the complaint. After the lapse of this much time, the complaint can’t be admitted and hence the I.A. is allowed and the result of it the complaint is dismissed.
Pronounced in the open Commission on this the 7th day of February, 2023,
Sd/-
V. Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
Despatch date:
By hand: By post
kp/
CC No. 458/2021
Order Date: 07/02/2023
