Haryana

Karnal

CC/167/2020

jasmahinder Singh S/o Arjun Singh - Complainant(s)

Versus

Volkswagen Finance Pvt. - Opp.Party(s)

18 Mar 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.167 of 2020

                                                          Date of instt. 17.03.2020

                                                          Date of Decision 18.03.2020

 

Jasmahinder Singh, aged 50 years, son of Shri Arjun Singh, resident of Flat No.1850SF, Housing Board Colony, Sector-8, Kurukshetra (Haryana).

 

                                                                       …….Complainant

                                        Versus

 

1.     The Manager, Volkswagen Finance Pvt. Ltd, Registered office: Silver Utopia, 3^rd Floor, Cardinal, Gracious Road, Andheri (East) Mumbai-400099.

2.     The Manager, Volkswagen Finance Pvt. Ltd Branch Office: Kanish Motor Pvt. Ltd G.T. Road, Karnal.

3.     Transport Commissioner, Haryana, Chandigarh, 30 bays building, Sector-17, Chandigarh.

 

                                                                …..Opposite parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri B.S.Kamboj, counsel for complainant.

 

                   (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                The fact of the complaint is that present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant purchased an Audi Q3 car from said Kanish Motor Pvt. Ltd. on 11.7.2013, bearing Engine No.CLL052964, and availed finance of Rs.21,40,000/- from the OPs No.1 and 2 vide loan Account No.20131029268. Complainant paid some installments of the loan amount but lateron the OPs No.1 and 2 started imposing heavy interest and claiming heavy amount, which the complainant was unable to pay and as such, there occurred default in repayment of loan amount. Thereafter, they took the vehicle of complainant from his premises illegally without the consent of the complainant. Complainant approached OPs No.1 and 2 to return the complainant but they adamant to retain the same and said to pay the due amount along with interest @ 14% per annum. The complainant demanded his registration number i.e. HR08P-0001 which is a paid number which the OPs No.1 and 2 agreed to return to the complainant. As per settlement the OPs No.1 and 2 sold the car more than the amount due towards the complainant. After sale, the complainant demanded his account statement and also requested not to sell the registration number but the OPs NO.1 and 2 did not pay any heed to the genuine request of the complainant. Complainant also wrote to OP No.3 not to transfer the registration number of the vehicle in question but OP No.3 has also committed illegality and transferred the same in favour of any other person. The above act on the part of OPs are deficiency in service. Hence complainant filed the present complaint.

3.             We have heard the learned counsel of the complainant on the point of maintainability and have gone through the facts mentioned in the complaint.

4.             The complainant purchased the vehicle in question on 11.7.2013 and availed finance of Rs.21,40,000/- from OPs No.1 and 2. The complainant averred in his complaint that he has paid some installments of loan amount thereafter, he failed to pay the same and his vehicle was taken by the OPs No.1 and 2 and as per the settlement the same was sold by the OPs No.1 and 2. In the entire version of the complaint there is no mentioning of any date, month and year that on which dates the installments have been paid by the complainant and on what date his vehicle was taken by the OPs No.1 and 2. Only he mentioned one date that he purchased the car in question on 11.7.2013. He filed the present complaint on 17.3.2020 i.e. after seven years of purchasing of the car. The incidents happened from the years 2013 to 2020 have not been mentioned specifically by the complainant. From the entire complaint it is not clear that from which date the cause of action has arisen in favour of the complainant. No application for condonation of delay is filed by the complainant and no sufficient cause has been shown for not filing the complaint within limitation. As per section 24A of Consumer Protection Act “The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.” Hence as per the provision of law the present complaint is time barred. Hence, the same is not maintainable.

4.             In view of above discussion, the present complaint is not maintainable being time barred, hence the same is hereby dismissed at the stage of admission. The party concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:18.3.2020

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)            (Dr. Rekha Chaudhary)

            Member                               Member