Haryana

Yamunanagar

CC/389/2023

Shyam Lal Saini S/o Sheo Ram - Complainant(s)

Versus

M/s Mohan Vehicle Pvt.Ltd. - Opp.Party(s)

Phool Singh

08 Nov 2023

ORDER

CC No.389 of 2023.

Shyam Lal Saini           Vs.       M/s Sohan Vehicle.

 

Present:           None for the complainant.

                    

                   Case called several times since morning upto 3:15 PM, again no one has appeared for the complainant either in person or through any advocate. On the date of receipt of complaint before the Commission on 19.10.2023, the complainant party was not present upto 3:00 PM and in order to avoid any sort of prejudice to the complainant, the proceedings are adjourned to 31.10.2023 for awaiting appearance of the complainant or his counsel and then arguments on the point of admission. On 31.10.2023, again complainant failed to appear before the Commission upto 3:00 PM and arguable point was involved, the complainant is required to be heard on the point of admission and the proceedings are adjourned to 08.11.2023 for arguments on the point of admission, i.e. today itself, but upto 3:15 PM, again complainant failed to appear before the Commission either in person or through any advocate.

                In the complaint, the complainant alleged, the opponent agreed to deliver the car, subject matter of the complaint on 15.10.2021, but no such document placed on record and as per the document Ex.C2, in the remarks column, Marriage Car 15 Oct. was recorded, but there is not specific writing that it would be delivered on or before 15^th October. Furthermore, in the legal notice Ex.C5, the complainant nowhere stated as to whether, he is still ready to purchase the car booked by him with the opponent on 21.10.2021 or as to whether the opponent refunded or not, the booking amount of Rs.25,000/- to him. The complaint is vague in itself and is liable to be rejected. The benefit of admission of the complaint within 21 days as envisaged under Section 36(3) of the Consumer Protection Act, 2019 is not again extended to the complainant, because, complainant party itself is on fault. The complaint is hereby rejected, without touching to its merits. However, the complainant shall be at liberty to file afresh complaint against the opponent, if advised so, after removing patent impact/defect as observed hereinbefore. Since, the legal notice Ex.C5, postal receipt Ex.C6, Ex.C7, Reply to legal notice Ex.C8, marriage invitation card Ex.C9, are appearing in original, are ordered to be returned to the complainant, against proper receipt and photocopy of the same be retained on record. File be consigned to the records.

 

President

                                L. Member                     Member                                   DCDRC, YNR,

            08.11.2023.

                           

Typed by: Jitender Sharma, Steno-typist