Delhi

East Delhi

CC/243/2023

LOKESH - Complainant(s)

Versus

M/S CELEBRATE HONDA - Opp.Party(s)

VISHAV KAMAL, ADV.

07 Jun 2023

ORDER

 

 

ORDER

File Perused.  Arguments already heard on 01.06.2023. 

The Complainant in his complaint has contended that he is the registered owner of Scooty (Registration No. DL6SAY9205)-Activa 5G, which was purchased in the month of March/April, 2018. In the month of October 2018 his Scooty met with an accident and was damaged and he handed over to the OP for repairs i.e. M/s Celebrate Honda. 

The Complainant has further stated that his family members went to the workshop of OP at Krishna Nagar many times but they were informed that their Scooty is being repaired.  Finally, on 15/16 April 2023, son of the Complainant Sh. Vikas went to the office of the OP who flatly refused that Scooty is with them and thereafter a legal notice dated 06.05.2023 was sent to OP to which no reply was received.  Thereafter, Complainant has filed the present complaint before this Commission. 

The case of the Complainant is that he had handed over his Scooty to the Celebrate Honda (OP) for repairs  however neither the complainant has filed the job card or nor the receipt for handing over the Scooty to Celebrate Honda (OP).  No receipt for any payment made to OP has been enclosed with the complaint. 

As per Section 2 (7) of the Consumer Protection Act-2019, "Consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

 

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. 

 

The Complainant has not filed any document towards any payment made to Celebrate Honda (OP) and therefore the primary ingredient of ‘Consideration’ is not satisfied which makes Complainant not to qualify to be covered under the definition of ‘Consumer’ as per the Consumer Protection Act-2019. 

It is also observed that the cause of action, if at all any, arose in the month of October-2018 and the complaint has been filed on 01.06.2023 which is hopelessly time-barred and is beyond limitation and merely issuance of Legal Notice on 06.05.2023 will not extend the limitation.  The complaint is vague on facts also as no specific dates are mentioned. 

For the reasons stated above, the complaint is rejected as not maintainable.