Punjab

Rupnagar

CC/18/64

Rachpal Singh - Complainant(s)

Versus

Maruti Suzuki India Ltd. - Opp.Party(s)

Sh.Rajmat Singh,Adv

27 Nov 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. : 64 of 06.08.2018

                                  Date of decision           :    27 .11.2018

 

Rachpal Singh, aged about 70 years, son of Bachitter Singh, resident of Village Rauni, Tehsil Payal, District Ludhiana. 

                                                                    ......Complainant

                                             Versus

1. Maruti Suzuki India Ltd, Plot No.1, Nelson Mandela Road, Vasant Kunj New Delhi 110070 through its Managing Director 
2. C.M. Auto Sales (P) Ltd, NH-21, Rangilpur-Chandigarh Road, Ropar (Punjab) through its authorized signatory.  

                                                                             ....Opposite Parties

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         SH. AMRINDER SINGH, MEMBER

ARGUED BY

 

Sh.Simarjeet Singh Hira, Adv. counsel for complainant  

O.P. No.1 exparte 

Sh. Pardeep Mittal, Adv. counsel for OP No.2

 

                                             ORDER

               SH. KARNAIL SINGH AHHI, PRESIDENT

 

1. Complainant has filed the present complaint seeking directions to the opposite parties to refund the amount of Rs.10,000/- along with interest @ 18% per annum from the date of deposit till realization of amount in question, or any other relief may please be granted to complainant, which the Hon’ble forum deems fit in the interest of justice. 
2. Brief facts made out from the complaint are that the complainant hired the services of opposite parties by booking Suzuki ZDI car for personal use with CM auto sales (P) Limited Ropar i.e. opposite parties No.2 vide receipt No.REC 11002570 dated 1.8.2011 and deposited Rs.10,000/- with CM Auto Sales Limited as booking amount/part payment. The opposite party No.2, promised the complainant to deliver the car in question within 5/6 months from the date of booking. Neither the CM Auto Sales Private Limited Ropar nor Maruti Suzuki responded the complainant as the complainant made several visits to the office of OP No.2 for refund of the booking amount/part payment, as the persons who had booked the car after the booking the car by the complainant, had been delivered the car. Hence, this complaint.
3. On being put to the notice, none appeared on behalf of O.P. No.1, accordingly, it was proceeded against ex-parte vide order dated 19.11.2018.  
4. On notice, O.P. No.2 appears through authorized representative and filed written reply taking preliminary objections; that the complaint is not maintainable against the answering O.P.; that the answering O.P. No.2 has been unnecessarily dragged in this frivolous litigation; that there is no deficiency in service on the part of OP No.2. On merits, it is stated that as per the contents of the complaint, the complainant hired the services of the answering OP by booking Suzuki ZDI car for personal use and deposited a sum of Rs.10,000/- on 1.8.2011. Thereafter the complainant never visited the office of the applicant to obtain the car and surprisingly without serving any notice, directly filed the present complaint only in the year 2018 i.e. after almost seven years. As per Section 24-A of the Consumer Protection Act, the District Forum, 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. The car booked by the complainant remained parked in the premises of OP No.2 for about two months and after waiting almost for a period of two months, the car was sold to some other customer. In this way, rather the answering OP has suffered loss due to non visit of the complainant to receive the car. Rest of the allegations made in the complaint have been denied and prayer has been made dismissal thereof. 
5.  On being called upon to do so, the learned counsel for the complainant has tendered his duly sworn affidavits of complainant Ex.CW1/A & Ex.CW1/B along with document original receipt Ex.C1 and closed the evidence. The learned counsel for the O.P. No.2 has closed his evidence.
6. We have heard the learned counsel for the contesting parties and have gone through the record of the file, carefully.
7. Complainant counsel Sh. Simranjeet Singh Hira, argued that complainant booked one Maruti Sazuki car with OP No.2 vide receipt dated 01.08.2011 and deposited Rs.10,000/-. On deposit said OP promise to deliver the car within 5/6 months. Since the date of booking OPs never informed the complainant either the car is ready for delivery or not. Even no notice was ever issued for the refund of Rs.10,000/-  and lastly prayed that non supply of car/non payment of amount deposit is the recurring cause of action and the complaint deserves to be allowed with cost.
8. Sh. Pardeep Mittal, Advocate, appearing on behalf of OP No.2 argued that hopelessly the complaint is time barred as since 2011, complainant never approached to the OP No.2 for the delivery of the car rather the OP No.2 informed many time to the complainant through phone call and now the said record is not available being it destroyed after about two years. Learned counsel prayed that now the complainant approached to the forum for the gap of more than seven years and no relief can be granted in favour of complainant, deficiency remains un-prove. The complaint be dismissed with cost.
9. The complaint was filed in the month of August 2018 and at that time the complainant counsel was heard on the point of limitation and by taking liberal view relying upon the law that if the part payment is made and residuary amount is due then complaint can be entertained. But today the OP hotly contested and prayed it is time barred. Complainant counsel during the course of arguments, relied upon the law laid down by the Hon'ble National Commission, New Delhi in Revision Petition No.909 of 2001 decided on 1.6.2001, the law is laid down as under:-

"      Car booking-complainant deposited Rs.1,65,000/- for booking of car which was to be delivered within 8 months-But delivery not given in time-Refund of amount with 18% interest was ordered by District Forum- State Commission upheld the finding in appeal- The objection that no prayer for refund of amount was made but for delivery of car in pleading - Forum is not strictly guided by procedure and pleading - Concurrent findings of authority below upheld"

10.   The forum gone through the authority` referred above and the car was booked by deposit Rs.1,65,000/- and the car was to be delivered within 8 months but delivery not given in time i.e. why the District Forum ordered to refund the said amount along with interest @ 18%. The said order was confirmed up to the Hon'ble National Commission, New Delhi. The facts of the authority are totally different because promise was to deliver car within 8 months, due to non delivery the order was passed in favour of the consumer, but in the case in hand the booking relates to 1.8.2011 and the waiting period was only 5/6 months. Complainant nowhere pleaded either during the said period approached to the OP No.2 for the deli very of the car or complainant approached and OP refused to deliver. But now has approached this forum after the gap of about 7 years. No plausible explanation has come on file qua the fact of delay. In this way, the complainant remain unable in proving the deficiency in service on the part of OP and also remain unable in proving the complaint is within limitation.
11.  In the light of discussion made above, the complaint stand dismissed. The parties are left to bear their own cost.

13.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

                      ANNOUNCED                                                  (KARNAIL SINGH AHHI)

                      Dated.27.11.2018                                        PRESIDENT
 

 

 

                                                            (AMRINDER SINGH)

                                                                                                                        MEMBER