SANJAY KUMAR, PRESIDENT
ORDER
18.04.2023
A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that prior to present complaint earlier complaint filed by complainant stands dismissed in default on 16.01.2023. The Complainant approached OP Hemkund Hyundai Wazirpur Indurstrial Area for purchase of Hyundai I20 Sportz 1.4 CRDI (Diesel) on 02.01.2018 and paid sum of Rs.50,000/- advance. Thereafter on 15.01.2018 paid Rs.1,50,100/- as downpayment and received retail invoice for Rs.7,47,770/- on 18.01.2018. The complainant was shocked after getting to know that OP1 dealer handed over Hyundai I20 Sports VTVT Polar White (Petrol engine) instead of Hyundai I20 Sportz 1.4 CRDI (Diesel).
It is further stated that on enquiry false assurances was made that brand new Hyundai I20 Sportz 1.4 CRDI (Diesel) would be handed over after replacement within three weeks. However temporary certificate of registration issued on 20.01.2018 for Hyundai I20 Sports VTVT Polar White (Petrol engine) and complainant also availed the car loan from OP2 Mahindra & Mahindra Finance Pvt. Ltd. thereafter complainant diligently kept on paying EMIs till November 2018, however, OP1 failed to replace the car. It is stated that complainant could not approach OP1 because of nation vide lockdown due to Covid-19 till 06.06.2022.
Now OP2 through recovery agents threatening therefore present complaint filed.
Argument on admission heard. Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, 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.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , 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 National Commission , the State Commission, as the case may be records its reason form condoning such delay.
A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action. On perusal of record before us, the cause of action for filing the present complaint first time arose on 18.01.2018 thereafter on 20.01.2018 when the complainant received temporary registration certificate. The complainant has filed the present complaint on 18.03.2023 i.e after five years of the accrual of the cause of action.
Now applying the above discussed provision and principle of law admittedly, the cause of action arose on 02.01.2018 and lastly when OP1 handed over to him Hyundai I20 Sports VTVT Polar White (Petrol engine) instead of Hyundai I20 Sportz 1.4 CRDI (Diesel).against invoice on 18.01.2018. There is no documentary proof and explanation why complainant failed to approach the commission within two years of his grievance. The present complaint is barred by limitation as filed after five years of the accrual of final cause of action. Hence dismissed.
Filebeconsignedtorecordroom.
Sanjay Kumar Nipur Chandna
President Member
