Haryana

Karnal

CC/226/2021

Ram Singh - Complainant(s)

Versus

M/s Tata Motors Limited - Opp.Party(s)

Ms. Babita Rani

20 Apr 2021

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

 

                                                                     Complaint No.226 of 2021

                                                                     Date of instt. 16.04.2021

                                                                     Date of Decision: 20.04.2021

 

Ram Singh son of Bhiwani Ram, resident of Village Taprana, District Karnal.

 

                                                                             …….Complainant

                                      Versus

 

1.       M/s Tata Motors Ltd. through its Director Passenger Vehicle Business Unit Godrej Eternia, Plot No.70, 4^th Floor, Industrial Area, Phase-I, Chandigarh-160002.

2.       M/s Malwa Automobiles Ltd. NH-1, 119/4, K.M. Stones, G.T. Road, Karnal, through its Manager.

                                                                   …..Opposite parties.

 

Complaint under Section 35 of Consumer Protection Act.

 

Before        Sh. Jaswant Singh………President.        

          Sh.Vineet Kaushik ………..Member

                    Dr. Rekha Chaudhary…….Member

 

Present:     Ms.Babita Rani, counsel for complainant.

         

          Complaint presented today. It be checked and registered.

          Brief facts of the complaint are that the complainant has applied for Nano Car and deposited a sum of ₹95,000/- in advance as full and final cost of the car vide cheque No.569080 on 14.04.2009 and the said cheque was cleared and credited in the account of the OPs on 18.04.2009 but despite that till today the delivery of the car has not been given to the complainant despite repeated requests. Hence, the present complaint.

          Arguments point the point of maintainability of complaint heard.

          Record perused.

          Limitation for filing a complaint has been prescribed under Section 69 of Consumer Protection Act, 2019 which is reproduced as under:-

1. The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

                   In the present complaint, the complainant prayed for delivery of Nano car or refund of amount of ₹95,000/- which he has allegedly deposited in the year 2009 with the OPs and the cause of action has arisen in the year 2009. The limitation to file a complaint under Consumer Protection Act, 2019, is two years as per Section 69 of Consumer Protection Act, 2019, but the present complaint has been filed by the complainant on 16.04.2021 i.e. after the gap of approximately 12 years. Learned counsel for complainant failed to explain as to why the present complaint has not been filed within a period of limitation. Moreover, no application explaining the cause of delay and for condoning the delay has been filed. Hence, the present complaint is not maintainable being time barred.

          Thus, in view of the above, the present complaint is dismissed being barred by limitation. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 20.04.2021

    President,         

District Consumer Disputes

Redressal Commission, Karnal.

(Vineet Kaushik)              (Dr. Rekha Chaudhary)                         

     Member                             Member