Delhi

West Delhi

CC/15/427

GIAN CHAND - Complainant(s)

Versus

VOLKSWAGEN - Opp.Party(s)

12 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  427/2015

 

SH. GIAN CHAND SHARMA

S/o LT. SH. JAGAN NATH,

C2/42, JANAKPURI,

NEW DELHI.                                                                    …..Complainant

VERSUS

M/S. VOLKSWAGEN GROUP SALES INDIA PVT. LTD.

4^TH FLOOR, SILVER UTOPIA,

CARDINAL GRACIOUS ROAD,

CHAKALA, ANDHERI EAST, MUMBAI-40099.                 …..Opposite Party-1

 

M/S. WORLDCLASS AUTOMOBILES PVT. LTD.

68/3, NAJAFGARH ROAD, MOTI NAGAR,

NEW DELHI-110015.                                                        …..Opposite Party-2

O R D E R

PUNEET LAMBA, MEMBER

               The complainant has filed the present complaint against the O.P for directions to replace the vehicle No. DL4CAV 5564 bearing Chasis No. WVWK10607BT013939, Engine No. CLN 151962 under dispute and for compensation under section 12 of Consumer Protection Act, 1986.

               The OP-2 filed Application for dismissal of the complaint on the ground that the complainant has sold the vehicle in question during pendency of the complaint without permission of this Forum. Therefore, the complainant is no more a consumer under the provisions of the Consumer Protection Act.   In support of their submissions they placed reliance on copy of Vehicle details showing in Registering Authority of Vehicle No. DL4CAV 5564 bearing Chasis No. WVWK10607BT013939, Engine No. CLN 151962.

               During the course of arguments on application the complainant in all fairness admitted that he has sold the vehicle in question during the pendency of the complaint.                    

               From perusal Vehicle details showing in Registering Authority and submission of the complainant, it reveals that complainant has sold the vehicle during pendency of the complaint and is no more owner of the vehicle. He has not taken permission of the forum for sale of the vehicle during pendency of the complainant. The Hon’ble National Commission in order dated 11.10.2013 passed in Revision Petition No.2622  of 2012 titled  M/s Honda Cars India Ltd. Vs. Jatinder Singh Madan & Ors. after relying upon order dated 25.9.13 passed in R. P. No. 2562 of 2012 titled “ Tata Motors Ltd. & Anr. Vs. Hazoor Maharaja Baba Des Rajji Chela Baba Dewa Singhji (Radha Swami) & Anr.” and order dated 23.4.2013 passed in Appeal No.. 466/2008 titled “Rajiv Gulati Vs. Authorised Signatory  by the Hon’ble National Commission held that once vehicle is sold  during  pendency of complaint without permission for the Forum/SDRC/NC,the complainant does not remain consumer for the purposes of the Consumer Protection Act and complainant is liable to be dismissed.

               Similar are facts of the present complaint.   The complainant has sold the vehicle in question during pendency of the complaint without permission of this Forum. Therefore, the complainant is not a consumer for the purposes of the Consumer Protection Act.   Hence, the complaint is not maintainable before this forum.                                                          

          Resultantly, the complaint is hereby dismissed.

File be consigned to Record Room.

Copy of Order be given as per rules.

Announced this _____12TH______April, 2019.

 

(PUNEET LAMBA)                               (S.S. SIDHU)                             (K.S. MOHI)

    MEMBER                                          MEMBER                                PRESIDENT