1.      I have heard the learned counsel for the parties.

2.      The vehicle in question was purchased for a consideration of about ₹55 lacs.  This Commission, therefore, does not possess the requisite pecuniary jurisdiction to entertain the complaint, since the complainant could at best have claim refund of the entire amount.  Even if interest @12% per annum is added to the price of the vehicle, the aggregate does not come to ₹ 1 crore, the consumer complaint having been filed on 01.09.2014 and the vehicle having been purchased on 28.03.2013.

3.      The next question which arises for consideration is as to what course of action this Commission should adopt considering that the complaint has been pending in this Commission for last more than two years and not only parties have filed their respective pleadings, they have also led evidence on merits.  In view of the decision rendered by this Commission in C.C. No. 198/2015 in Dushyant Kumar Gupta & Ors. Vs. Today Homes & Infrastructure Pvt. Ltd. & Ors. and connected matters decided on 31.01.2017, the complaint is disposed of with following directions:-

1.      The complaint is returned to the complainants alongwith an endorsement containing the date of presentation and return of the complaint, the name of the complainant presenting the complaint and a brief statement of reasons for returning the complaint;

2.      The complaint shall be returned within one week from today, alongwith the requisite endorsement and can be presented before Maharashtra State Consumer Disputes Redressal Commission within two weeks thereafter.

3.      The parties shall appear before the concerned State Commission at 10.30 a.m. on 24.08.2017. 

4.      The State Commission need not issue a fresh notice requiring the parties to appear before it on the aforesaid date of hearing.  The State Commission shall decide the complaint afresh taking into consideration the pleadings, affidavits and the evidence including documentary evidence filed by the parties before this Commission and shall provide an opportunity to the parties to lead additional evidence and if filed, such additional evidence will also be considered alongwith the evidence which was filed before this Commission.

5.      The State Commission shall expedite the hearing of the complaint considering that it has been pending with this Commission for last more than 2 ½ years and as far as possible decide the same within three months of the parties appearing before it.  The parties shall be entitled to raise all such contentions before the State Commission as are open to them in law.  There shall be no order as to costs.