M/s G.L. Construction vs.  Mohan Earth Movers etc.

Dated 01.04.2024

Present: -     Ms. Amandeep Kaur, Advocate for complainant.                        

             Sh. S.K. Garg, Advocate for opposite parties. 

Written statement on behalf of ops filed. Copy given.

Heard on the application under order 7 Rule 11 CPC moved on behalf of ops for rejection of complaint qua the ops as complaint is time barred and complainant is not consumer as JCB in question has been purchased by complainant for commercial activities. The record reveals that complainant purchased the JCB in question from the ops for a sum of Rs.25,10,000/- vide invoice dated 09.01.2019 and has filed the present complaint only on 30.01.2023 i.e. after a period of four years but no application for condonation of delay has been filed alongwith the complaint. The main allegation of complainant is that despite charging of the amount of registration charges from complainant by the ops, the ops failed to get prepared RC of the JCB and ultimately the complainant himself got prepared the RC of the JCB and had to deposit late fee of Rs.85090/- and as such complainant has sought refund of the said amount of Rs.85,090/- from ops besides compensation for harassment. On one hand complainant is claiming that amount of Rs.1,61,000/- charged by ops as registration fee has also not been refunded by ops but in the relief para, the complainant is only claiming amount of Rs.85,090/- from ops which has been incurred by him on account of late fee charges. The op in the written statement has also asserted that it is complainant who is at fault for late registration of JCB because the complainant only paid an amount of Rs.1,31,000/- for preparation of RC but did not pay the remaining amount of Rs.30,000/- in time and thereafter said amount of Rs.1,31,000/- has also been refunded back to the complainant as complainant stated that he will himself get prepared the RC of the JCB. So, it appears that due to own fault of complainant, the RC of the JCB machine could not be got prepared as he did not pay the entire charges of registration to the OPs and thereafter got refunded back the partial amount of Rs.1,31,000/- from ops and then got prepared RC himself by paying late fee of Rs.85,090/- and as such ops cannot be held liable to pay the said amount to the complainant due to his own fault. Further more, the JCB was purchased by complainant on 09.01.2019 and present complaint has been filed on 30.01.2023 i.e. after period of more than four years without explaining any reason that whey complainant failed to file the complaint within stipulated period of two years. Hence, the present complaint is time barred and is also without any merit and as such complaint is hereby dismissed. File be consigned to the record room.

                                                Member                          President                                                                                                                     DCDRC, Sirsa.