Gurdial Chadha v. M/s Sugoi Motors Pvt. Ltd. and Others

Gurdial Chadha Vs. M/s Sugoi Motors Ltd. Present: Sh.Utkarsh Thapar, Advocate for the complainant. Today the case was fixed for consideration on admission. A bare perusal of the file shows that the dispute pertains to a car which was purchased by the complainant on 04.07.2017 from the OPs by paying a sum of Rs.8,67,749/- vide cheque bearing No. 202020 dated 04.07.2017, because the car has not been delivered to him as per specifications which was assured by the OPs. From the correspondence between the parties shows that the dispute pertains to the year 2017 and the present complaint has been filed on 20.01.2020. Thus, the cause of action, if any, has arisen in the year 2017, when the said payment was made to the OPs. Therefore, the complaint is barred by limitation in view of the fact that lastly the cause of action had accrued on account of deposition of payment on 04.07.2017 and the present complaint has been filed on 20.01.2020 i.e. after the expiry of statutory period of two years under section 24A of the Consumer Protection Act. Therefore, in our opinion the complaint is hopelessly barred by limitation under section 24 A of the Consumer Protection Act and the cases before the Consumer Forum are governed by Section 24-A of the Consumer Act, 1986. Accordingly, the complaint of the complainant is hereby dismissed being time barred with no order as to cost. File be consigned to the record room after due compliance. Member Member President, DCDRF, GGN 05.02.2020