M/S. TAYAL INDIA MOTORS PVT. LTD. THROUGH ITS GENERAL MANAGER SALES MR. SANJEEV RATNA, 15/3, MATHURA ROAD, FARIDABAD HARYANA Vs. SANJEEV KUMAR S/O. SHRI K.P. SINGH, R/O. E

JUDGEMENT

(1.) This Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short the Act ), by a Dealer in cars manufactured by Tata Motors, is directed against the order dated 04.08.2016, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short the State Commission ) in First Appeal No.296 of 2015. By the impugned order, the State Commission has declined to condone a delay of 981 days in filing of the Appeal by the Petitioner and has consequently dismissed the Appeal on the ground of limitation.

(2.) The Appeal, together with the Application, seeking condonation of delay, had been preferred by the Petitioner, questioning the correctness and legality of the order dated 18.06.2012, passed by the District Consumer Disputes Redressal Forum, Faridabad (for short the District Forum ) in Consumer Complaint No. 570 of 2007, preferred by the Respondent/Complainant. By the said order, the District Forum, while allowing the Complaint, had directed the Petitioner herein to return the car in question to the Complainant after repairing it to his satisfaction in all respects, without demanding any amount, within a period of one month from the date of receipt of a copy of the order, failing which the Petitioner was made liable to pay the price of the car, amounting to Rs.3,70,000.00, with interest @ 9% p.a. from the date of default till the date of payment. In addition thereto, the Petitioner was also directed to pay to the Complainant a sum of Rs.50,000.00 as compensation towards mental harassment and litigation expenses.

(3.) The occasion to file the Complaint arose under the following circumstances: