Sumit Kumar S/o Shri Surinder Singh filed a consumer case on 02 Mar 2017 against Saya Automobiles Ltd in the West Delhi Consumer Court. The case no is CC/11/204 and the judgment uploaded on 04 Mar 2017.
CONSUMER DISPUTES REDRESSAL FORUM (WEST)
GOVERNMENT OF NCT OF DELHI
150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058
Date of institution : 13.04.2011
Complaint Case. No.204/11 Date of order : 02.03.2017
In the matter of :-
Sumit Kumar S/o Shri Surinder Singh, R/o Flat No.201, Desu Colony, Janakpuri, New Delhi Complainant
Vs.
Saya Automobiles Ltd, Through its Directors, A-21/22, Industrial Area, Main GT Karnal Road, New Delhi 110033 Opposite Party-1
Maruti Suzuki India ltd., Through its Directors, Nelson Mandela Road, Vasant Kunj, New Delhi-110070
Opposite Party-2
R.S. BAGRI, PRESIDENT
O R D E R
Present:- None for complainant.
Counsel for OP-1.
Sumit Kumar named above herein complainant has filed this complaint u/s 12 of the Consumer Protection Act for compensation of his car no. DL 8CR-6554 bearing Chasis No. # 329604 and Engine no. 1087618 on account of deficiency in service by opposite parties.
The opposite party no. 1 filed application for dismissal of the complaint on the ground that the complainant has sold the vehicle in question during pendency of the complaint without permission of this Forum.
We heard counsel for opposite party no.1 only as none is present on behalf of other parties.
The opposite party no.1 has submitted that the complainant sold the vehicle in question during pendency of this complaint without permission of this Forum. Therefore, the complainant is no more a consumer under the provisions of the Consumer Protection Act. In support of his submissions he placed reliance on copy of Registration Certificate (RC) of Car No. DL 8CR-6554 bearing Chasis No. # 329604 and Engine no. 1087618. From perusal of the R.C it reveals that complainant has sold the vehicle during pendency of the complaint and is no more owner of the vehicle. The Hon’ble National Commission in order dated 11.10.2013 passed in Revision Petition No.2622 of 2012 titled M/s Honda Cars India Ltd. Vs. Jatinder Singh Madan & Ors. after relying upon order dated 25.9.13 passed in R. P. No. 2562 of 2012 titled Tata Motors Ltd. & Anr. Vs. Hazoor Maharaja Baba Des Rajji Chela Baba Dewa Singhji (Radha Swami) & Anr. and order dated 23.4.2013 passed in Appeal No.. 466/2008 titled Rajiv Gulati Vs. Authorised signatory by the Hon’ble National Commission held that once vehicle is sold during pendency of complaint without permission for the Forum/DSDRC/NDRC, the complainant does not remain consumer for the purposes of the Consumer Protection Act.
Similar are facts of the present complaint. The complainant has sold the vehicle in question during pendency of the complaint without permission of the this Forum. Therefore, the complainant is not a consumer for the purposes of the Consumer Protection Act. Hence, the complaint is not maintainable before this forum.
Resultantly, the complaint is hereby dismissed.
Order pronounced on : 02.03.2017
(PUNEET LAMBA) (URMILA GUPTA) ( R.S. BAGRI )
MEMBER MEMBER PRESIDENT
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