Delhi

West Delhi

CC/23/41

R K Sharma - Complainant(s)

Versus

Sleepwell - Opp.Party(s)

08 Feb 2023

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

 

CASE NO. 41/2023

IN THE MATTERS OF:-

 

 

R.K. Sharma                                                                                                         ……COMPLAINANT

 

VERSUS

 

 

Sleepwell                                                                                                ……OPPOSITE PARTY  

 

Coram:                                                                                                   

1. SONICA MEHROTRA (PRESIDENT)
2. RICHA JINDAL (MEMBER)
3. ANIL KOUSHAL (MEMBER)

Present: Adv. Navneet Kumar Jha for complainant.

             

                                                                                                              DATE: 08.02.2023.  

 

ORDER

 

 

Arguments heard on limitation since the very maintainability of the complaint has to be adjudicated before proceeding further as is the settled law. Perusal of complaint reveals that the mattress was purchased by the complainant in August 2019 and the defects alleged therein were discovered barely within one week of the purchase  which gives rise to the cause of action having been commenced in August 2019 itself and as per the settled law of limitation under Consumer Protection Act, which expired in August 2021 notwithstanding the extension of limitation as mandated by the Hon’ble Supreme Court in Suo-Moto writ petition no. 3 of 2020 decided on 01.10.2022 which had given blanket extension of limitation in all cases where limitation expire between 15^th march 2020 to February 2022 till may 2022, the complaint even otherwise is not covered within the extended period and is therefore dismissed in limine under section 69(I) of CP ACT 2019 . File be consigned to record room.

 

 

 

 

 

(Richa Jindal) Member

(Anil Kumar Koushal) Member

(Sonica Mehrotra) President