Order No.  02 Date-   05.02.2021

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present.

Heard the Ld. Advocate for the complainant who submits that complainant purchased a Ford Car bearing Registration No. WB-02-A-0962 from OP-1 on 12.06.2015 and the OPs did not perform its services for which money was taken in advance. He further submits that there were exchanged of several emails between parties but the OPs failed to adjust the excess amount. Legal notice dated 13.08.2015 was issued to the OP-1 but in vain.

Perused the consumer complaint coupled with its annexure thereto. Facts remains that the complainant purchased a Ford Car bearing Registration No. WB-02-A-0962 on 12.06.2015 from OP-1. The grievance of the complainant is that the OP-1 received excess amount of Rs.  44,673/- and in  spite of several request the OP-1 did not adjust such amount from advance payment towards purchase price. Legal notice dated 13.08.2015 was issued to the OP-1 but no fruitful result is forthcoming.  Cause of instant consumer case arose on 12.06.2015 and 13.08.2015 respectively i.e. date of purchase of the car as well as date of issuance of legal notice.  The instant consumer complaint is filed on 06.01.2021 which is beyond the period of limitation of two years from the date of cause of action. There is also no prayer on the part of the complaint for condonation of delay. Thus, the consumer complaint is barred U/s 69 (2) of CP Act, 2019.

In view of the above aspect, we are not inclined to admit the complaint. Hence,

Ordered

That the consumer complaint is not admitted being barred by limitation.