HYUNDAI MOTOR INDIA LIMITED Vs. SHAILENDER BHATNAGAR

JUDGEMENT

(1.) The present Appeal is filed by the Appellant/Opposite Party against Order passed by Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in CC/38/2018 dated 07.10.2020.

(2.) Alongwith the Appeal, IA/7429/2020, application for condonation of delay of 33 days has also been filed by the Appellant. However, according to the Registry, there is no delay in filing the Appeal. Accordingly, IA/7429/2020 is allowed.

(3.) Opposite Party contested the Complaint by filing reply. It was stated that the allegations made in the Complaint were false and frivolous. Complainant failed to make out a case against the Opposite Party and failed to prove that the Opposite Party had promised or assured any service which was not provided to the Complainant. It was also stated that the Complaint was barred by limitation as the limitation shall be reckoned from the date of purchase of the vehicle i.e. 21.08.2015. Complaint was also not maintainable on the ground of mis-joinder of party, as the Dealer from whom the car was purchased, was not made a party in the Complaint. Opposite Party also stated that as there was no manufacturing defect in the car, it was not liable as its liability was only limited to the performance of the car. Once the car was damaged in the accident, the same is not covered under warranty/extended warranty and the repair was carried out on chargeable basis.