JITENDRA RAJDEV vs Hindustan Motors Ltd.

THE appellant is not present though he has been formed regarding the date of hearing. We have perused the memo of appeal and the judgment. We are satisfied that the District Forum has not committed any error. THE appellant has booked a Contessa Car with the Repondents in the year 1984. According to Respondent No. 1 the car was offered to him in 1985 but the same was not taken by him by making payment. Ultimately thinking that the appellant is not prepared to take the car, Hindustan Motors (Respondent No. 1) appears to have sent a draft for Rs. 15,000/- to the appellant which was not accepted by him and thereafter he filed the present complaint before the District Forum. THE District Forum has found that the complaint was filed after three years and was barred by limitation. It is true that the Limitation Act may not be applicable to the proceedings before Consumer Forums. It may also be remembered that the Consumer Forums should not entertain a stale claim. THE car appears to have been booked in 1984 whereas the complaint has been filed after more than 7 years. He had not accepted the draft sent by the company on the ground that the company is liable to pay interest. It also appears that the Manager of Respondent No. 1 has written a letter agreeing to pay interest but as stated by Ms. V.B. Tiwari, the earned advocate of the Respondent No. 1 it was done by mistake since there was no fault on the part of Hindustan Motors as it had already offered the delivery which the complainant had not accepted. THE complainant has also accepted the draft sent by the company and, therefore, the complainant is not entitled to any interest.

HOWEVER, the learned Judge has considered all these issues and has come to the conclusion that the complainant was not entitled for any relief. We are of the view that the District Forum has not committed any error. We have perused the memo of the appeal where no specific point has been raised to show that the decision of the District Forum was erroneous. However, it is certain that Hindustan Motors is keeping the deposit of Rs. 15,000/- with them. Ms. Tiwari states that the company will definitely make the payment of Rs. 15,000/- by draft to the appellant, though the appellant has not succeeded before the District Forum. Ms. Tiwari also stated that the company will not recover the cost of Rs. 1000/- though awarded by the District Forum. We are satisfied with the offer of the company and do not find any reasons to interfere in the judgment of the District Forum. ORDER The appeal is dismissed. In the circumstances, there will be no order as to costs. Appeal dismissed.