Karnataka

StateCommission

A/2420/2022

ST XAVIER S EDUCATIONAL & CHARITABLE TRUST - Complainant(s)

Versus

The Manager - Opp.Party(s)

Kiran

09 Jan 2023

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 09^TH DAY OF JANUARY 2023

 

PRESENT

 

SRI. RAVI SHANKAR                         : JUDICIAL MEMBER

SMT. SUNITA C. BAGEWADI              : MEMBER

 

Appeal No. 2420/2022

 

St. Xavier’s Educational & Charitable Trust Having office at No.175/118 Vishvashanthinagar Layout Bhakthanapalya Road, Vajarahalli Nelamangala, Bangalore Rural Dist. 562123 Rep. by its President, P. William (By Sri. Kiran Kumar H.S.) V/s	….Appellant
1.  The Manager      Blue Hyundai Showroom      Saphire Motors Pvt. Ltd.      No.620, Dr. Rajkumar Road      2nd Block, Near Rajajinagar RTO Office      Rajajinagar, Bangalore 560 010 2.  The General Manager      Blue Hyundai Show Room      Saphire Motors Pvt. Ltd.      No.108, Near RV Engineer College      Mysore Road, Bangalore 560 059	..…Respondents

O R D E R

 

BY SRI RAVISHANKAR, JUDICIAL MEMBER

The complainant preferred this appeal against order dated 31.10.2022 passed in C.C.No. 359/2021 on the file of II Additional District Consumer Disputes Redressal Commission, Bangalore which dismissed the complaint on the ground of limitation and submits that complainant had filed a complaint before District Commission alleging deficiency in service and unfair trade practice on the part of OPs/ respondent Nos. 1 & 2 in not delivering the cars which were booked and prayed for refund of Rs.11,58,000/- with interest at the rate of 18%.  After admission District Commission issued notice against OPs and they appeared and filed version.  After trial District Commission without considering merits of the case has dismissed the complaint on limitation that complaint was filed beyond 2 years from the date of cause of action i.e., 04.07.2018, infact, the complainant filed this complaint after lapse of two years as because there was second surge in Covid-19 cases and Government of India has declared lockdown during 2020-21.  Hence, there is no any delay in filing the complaint.  Inspite of that District Commission dismissed the complaint, as such prayed for setting aside of the impugned order and remand back the matter for fresh disposal on merits.

2. Heard.
3. On going through the certified copy of the order, memorandum of appeal we noticed that complainant has alleged unfair trade practice in not delivering the cars which were booked by complainant even after payment of Rs.11,58,000/-.  The District Commission at the initial stage had admitted the complaint without raising any point on limitation.  The District Commission after trial only pointed out that the complaint is barred by time as cause of action arose on 04.07.2018 and within two years the complainant has not chosen to file complaint.  Hence, dismissed the complaint as barred by limitation.  The District Commission has wrongly arrived to the conclusion that the complaint is barred by time.  We noticed here that though the cause of action for filing the complaint arose on 04.07.2018, the complaint was filed on 13.08.2021 as because there is a lockdown announced by Government of India throughout India and at the same time the Hon’ble Supreme Court of India has extended the limitation period from 15.03.2020 till 28.03.2022.  Such being the case complainant had filed the complaint on 13.08.2021.  It is deemed that it is well within time.  The District Commission has not applied its judicial mind at the time of disposing the complaint.  The District Commission has not taken into consideration the direction given by the Hon’ble Supreme Court of India.  Hence, dismissal of the complaint is bad at law.  Therefore, the appeal is allowed and the order passed by the District Commission is hereby set aside.  The matter is remanded to the District Commission to try the case on merits afresh after issuing notice to both parties and dispose of the matter expeditiously.

 

MEMBER                                   JUDICIAL MEMBER

 

CV*