HARISH KUMAR Vs. PREMIER LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the impugned order dated 20.9.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission ') in Appeal No. 1082/12 Harish Kumar Vs. M/s. Premier Ltd. & Anr. by which while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/petitioner purchased commercial vehicle No.HR 37 -B 9084 from OP -2/Respondent 2 for a sum of Rs.3,75,000.00. Complainant alleged that OP -1/Respondent -1 is the manufacturer of vehicle and further alleged that immediately after purchase of vehicle, it started giving problems. Vehicle was taken to OP -2 to do the needful and vehicle was kept in its possession of OP -2 from 11.4.2007 to 3.7.2007, but vehicle could not be repaired as OP -2 closed the agency, hence, complainant filed complaint alleging deficiency. OPs contested complaint and submitted that warranty of the vehicle was only for one year and there was no manufacturing defect in the vehicle and complaint is time barred, hence, complaint be dismissed. Learned District Forum after hearing both the parties dismissed complaint on the ground that complaint was time barred as well as complainant failed to prove manufacturing defects in the vehicle. On appeal, learned State Commission also upheld the order against which this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that as defects are still continuing, cause of action continues and learned State Commission and District Forum has committed error in dismissing complaint on the ground of limitation and further submitted that as defects were not removed, petition be admitted.