02/29.08.2012

          Complainant files hazira. Today is the date fixed for admission hearing of the case. Heard the Ld. Advocate for the complainant.

          On perusal of the record and the documents (Xerox copies by firisti) filed by the complainant it appears that a C.C. case being no. 81/2006 was filed by the complainant earlier over the same vehicle against the same opposite parties. the said case was disposed of on 01.04.2009 on contest with necessary direction upon the OPs for compliance of the order passed by this Forum, the complainant filed the Execution Case being no. 07/2009. The said Execution case was also disposed of on 16.03.2010 on full and final satisfaction. It reveals further from the record that the complainant filed another application on 01.07.2010 in respect of the said Execution case for review of the order dtd. 16.03.2010.

                   The complainant preferred revisional application before the Hon’ble State Commission against the subsequent order dtd. 01.07.2010. The Hon’ble State Commission affirmed the order dtd. 01.07.2010 passed by the Forum. On careful scrutiny of the documents filed by the complainant it transpires that an order was passed by this Forum on 07.04.2010 wherein a direction was given upon the complainant/DHr. to take delivery of the vehicle in question within 7 days from the office of OPs/JDr. under proper receipt. According to the complainant he took delivery of the vehicle in question on 03.03.2011 i.e. after a lapse of 10 months and 24 days without showing any reason as to why this delay had been caused for taking delivery of the said vehicle on 03.03.2011. Therefore, it is found that the complainant did not comply with the specific direction made vide order dtd. 07.04.2010, passed by this Forum in the said Execution case, which is still in force from the said date of 07.04.2010.

          As the OPs were ready with all necessary documents on 16.03.2010, the extended warranty period as per the aforesaid order dtd. 16.03.2010 and 07.04.2010 had already been lapsed on 16.09.2011. under the above circumstances, to our mind this case is not tenable under the eye of law to proceed further. Accordingly, this petition of complaint figured as CC 35/2012 is rejected.

                                      Sd/-                                            Sd/-

                                      S.S. Ali                                      A.K. Bhattacharyya

                                      Member                                     President