PER JUSTICE J.M. MALIK 1. Counsel for the petitioner present. Arguments heard. The complainant Vishvas Construction Co. purchased a Skoda Laura Car from M/s Krishna Auto Sales, G.T. Road, Dhandhari Kalan, Ludhiana on 19.01.2007 by paying a sum of Rs. 15,94,750/-. The car was manufactured by M/s Skoda Auto India Pvt. Ltd.-OP-2. Thereafter, some defects cropped up in the car and the complaint was filed before the Mansa District Forum. 2. The District Forum has rightly held that Mansa District Forum has no jurisdiction to try this case. However, counsel for the petitioner submits that he applied for Registration number from Mansa. OP-1 has also given temporary certificate for District Forum, Mansa, therefore, cause of action arisen there. We are unable to subscribe to the view of the petitioner’s counsel. The defects in the car were seen when they had gone to Mussorie. First, the District Forum has rightly held that Mansa District Forum has no jurisdiction. Secondly, the case is barred by time. The clutch plate of the car was broken in June 2007. Thereafter, its A.C. became defective on 08.07.2008. The complaint was filed on 22.02.2010. The complaint was barred by time. It should have been filed within two years. 3. However, if the complainant forgoes the claim of June 2007 and claims only the amount for the defective A.C. on 09.07.2008, then it can be partly within time. Since Mansa District Forum has no jurisdiction to try this case, therefore, the application is returned to the petitioner and if he so desires, he can file part of the claim before the Ludhiana District Forum. The time taken before the Consumer Fora, shall be deducted. 4. The Revision Petition stands disposed of. |
