13.05.2025 ABHISHEK PARTAP SINGH ABHISHEK PARTAP SINGH v. NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND NATIONAL CONSUMER
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120 CWP-6008-2025 2025 DATE OF DECISION: 13.05.2025 DATE OF DECISION: 13.05.2025 ABHISHEK PARTAP SINGH ABHISHEK PARTAP SINGH … Petitioner (s) Versus NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION AND OTHERS ... Respondent(s) HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA HON’BLE MR. JUSTICE DEEPAK MANCHANDA HON’BLE MR. JUSTICE DEEPAK MANCHANDA
Legal Reasoning
Present: Mr. , Advocate for the petitioner. Mr. Jatin Bansal, Advocate for the petitioner. ANUPINDER SINGH GREWAL, J. (ORAL) ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner has challenged The petitioner has challenged The petitioner has challenged 08.01.2025 the order dated 08.01.2025 the order the order (Annexure P-2) 2) passed by the National Consumer Disputes Redressal the National Consumer Disputes Redressal the National Consumer Disputes Redressal (hereinafter referred to as ‘the National Commission’) whereby his Commission, (hereinafter referred to as ‘the National Commission’) whereby his (hereinafter referred to as ‘the National Commission’) whereby his (hereinafter referred to as ‘the National Commission’) whereby his appeal impugning the order dated 14.05.2024 (Annexure P appeal impugning the order the dated 14.05.2024 (Annexure P-1) passed by the State Consumer Disputes Redressal Commission State Consumer Disputes (hereinafter Redressal Commission, Chandigarh (hereinafter referred to as ‘the State Commission’) has been declined. referred to as ‘the State Commission’) has been declined. referred to as ‘the State Commission’) has been declined. 2. 4 Learned counsel for the petitioner submits that the delay of 164 Learned counsel for the petitioner submits that the delay of 16 Learned counsel for the petitioner submits that the delay of 16 days in filing the appeal before the National Commission had been sufficiently days in filing the appeal before the National Commission had been sufficiently days in filing the appeal before the National Commission had been sufficiently days in filing the appeal before the National Commission had been sufficiently therefore, it ought to be condoned. He also submits that the explained and, therefore, it ought to be condoned. He also submits that the therefore, it ought to be condoned. He also submits that the therefore, it ought to be condoned. He also submits that the therefore, the delay be condoned petitioner has an excellent case on merits and, therefore, the delay be condoned therefore, the delay be condoned petitioner has an excellent case on merits and mmission be directed to decide the case on merits. and the National Commission be directed to decide the case on merits. and the National Co 3. 4. Heard. Heard. 6 The petitioner is stated to have purchased a second hand Audi A-6 The petitioner is stated to have purchased a second hand Audi A The petitioner is stated to have purchased a second hand Audi A car from respondents No.2 and 3 on 24.10.2022 for a sum of Rs.10,20,000/ car from respondent . The on 24.10.2022 for a sum of Rs.10,20,000/-. The consumer complaint before the State Commission on petitioner had preferred a consumer complaint before the State Commission on consumer complaint before the State Commission on petitioner had preferred SWARNJIT SINGH 2025.05.29 11:24 I attest to the accuracy and integrity of this document 2025 CWP-6008-2025 the ground that the car was defective and the petitioner had incurred the ground that the car was defective and the petitioner had incurred the ground that the car was defective and the petitioner had incurred the ground that the car was defective and the petitioner had incurred considerable expenses on its repair. The consumer c considerable expenses on its repair. The c omplaint preferred by the onsumer complaint preferred by the by relying on petitioner was dismissed by the State Commission on 14.05.2024 by relying on petitioner was dismissed by the State Commission on petitioner was dismissed by the State Commission on the delivery letter dated 24.10.2022 (Annexure P the delivery letter dated 24.10.2022 which had been signed by (Annexure P-4) which had been signed by the petitioner/complainant. The petitioner had preferred an appeal the petitioner/complainant. impugning the The petitioner had preferred an appeal impugning the before the National Commission along with an order of State Commission before the National Commission along with an before the National Commission along with an order of State Commission n the application for application for condonation of delay of 164 days. In the application for application for condonation of delay of 164 days. application for condonation of delay of 164 days. was condonation of delay, it has been stated that the applicant (petitioner herein) was condonation of delay, it has been stated that the applicant condonation of delay, it has been stated that the applicant trying to settle the issue to settle the issue earlier, but the efforts co uld not fructified. It was also but the efforts could not fructified. It was also stated that the applicant had to engage a new counsel and with great difficulty, stated that the applicant had to engage a new counsel and with great difficulty, stated that the applicant had to engage a new counsel and with great difficulty, stated that the applicant had to engage a new counsel and with great difficulty, he was able to find a counsel in Delhi who could take up his case. The he was able to find a counsel in Delhi who could take up his case. The he was able to find a counsel in Delhi who could take up his case. The he was able to find a counsel in Delhi who could take up his case. The documents and records were also misplaced. The relevant extract of the documents and records were also misplaced. The relevant extract of the documents and records were also misplaced. The relevant extract of the documents and records were also misplaced. The relevant extract of the pplication is reproduced hereunder: application is reproduced hereunder: “Xxxxx 3. That the certified copy of the impugned judgment was 3. That the certified copy of the impugned judgment was 3. That the certified copy of the impugned judgment was received only in the last week of June. received only in the last week of June. 4. That the applicant unfortunately lost touch with the old 4. That the applicant unfortunately lost touch with the old 4. That the applicant unfortunately lost touch with the old counsel as the counel was not keeping well for a substantial counsel as the counel was not keeping well for a substantial counsel as the counel was not keeping well for a substantial period of time, hence legal advice could not be rendered to period of time, hence legal advice could not be rendered to period of time, hence legal advice could not be rendered to the applicant regarding the due course of action. the applicant regarding the due course of action. ed judgment was passed, the 5. That after the impugned judgment was passed, the ed judgment was passed, the applicant was also trying to explore amicable means of applicant was also trying to explore amicable means of applicant was also trying to explore amicable means of settling the issue but the efforts could not fructify. settling the issue but the efforts could not fructify. 6. That the applicant had to engage a new counsel and it is 6. That the applicant had to engage a new counsel and it is 6. That the applicant had to engage a new counsel and it is a with great difficulty that the applicant was able to find a with great difficulty that the applicant was able to find lawyer in Delhi who could take up his case. Some documents lawyer in Delhi who could take up his case. Some documents lawyer in Delhi who could take up his case. Some documents and records were also misplaced due to passage of a and records were also misplaced due to passage of a and records were also misplaced due to passage of a substantial period of time and some efforts were made to substantial period of time and some efforts were made to substantial period of time and some efforts were made to SWARNJIT SINGH 2025.05.29 11:24 I attest to the accuracy and integrity of this document extract the same. Xxxxx” 2 2025 CWP-6008-2025 5. wholly It is manifest that the application for condonation of delay is wholly It is manifest that the application for condonation of d It is manifest that the application for condonation of d ought to have been diligent and filed the nebulous and vague. The petitioner ought to have been diligent and filed the ought to have been diligent and filed the nebulous and vague. It is unbelievable that he could find a lawyer in Delhi appeal within limitation. It is unbelievable that he could find a lawyer in Delhi It is unbelievable that he could find a lawyer in Delhi appeal within limitation. The petitioner has not been able to make out sufficient only with great difficulty. The petitioner has not been able to make out sufficient The petitioner has not been able to make out sufficient only with great difficulty. cause for condonation of delay. We are of the considered opinion that there is no cause for condonation of delay. We are of the considered opinion that there is no cause for condonation of delay. We are of the considered opinion that there is no cause for condonation of delay. We are of the considered opinion that there is no illegality in the order of the National Commission dismissing the appeal as being illegality in the order of the National Commission dismissing the appeal as being illegality in the order of the National Commission dismissing the appeal as being illegality in the order of the National Commission dismissing the appeal as being time barred. 6. earned counsel for the petitioner at some length, Having heard the learned counsel for the petitioner at some length, earned counsel for the petitioner at some length, Having heard the l also examined merits of the case. The petitioner had purchased the we have also examined merits of the case. The petitioner had purchased the also examined merits of the case. The petitioner had purchased the also examined merits of the case. The petitioner had purchased the The terms and conditions of the sale indicated second hand car on 24.10.2022. The terms and conditions of the sale indicated The terms and conditions of the sale indicated second hand car on that the car was purchased on 24.10.2022 on ‘as is wh that the car was purchased on - as is where is basis’ (Annexure P- the 4). It was also mentioned that after the possession of the vehicle is delivered the 4). It was also mentioned that after the possession of the vehicle is 4). It was also mentioned that after the possession of the vehicle is The relevant extract of delivery letter dated dealer will not be liable for anything. The relevant extract of delivery letter dated The relevant extract of delivery letter dated dealer will not be liable for anything. 24.10.2022 (Annexure P-4) is reproduced hereinunder: 24.10.2022 (Annexure P 4) is reproduced hereinunder:- 1. Seller will be liable for all previous “Note :- 1. Seller will be liable for all previous 1. Seller will be liable for all previous challan/accidental/loan/court/police case etc till date. 2. Purchaser will challan/accidental/loan/court/police case etc till date. 2. Purchaser will challan/accidental/loan/court/police case etc till date. 2. Purchaser will be liable for challan/accident/loan/court/police case/theft etc. w.e.f. be liable for challan/accident/loan/court/police case/theft etc. w.e.f. be liable for challan/accident/loan/court/police case/theft etc. w.e.f. n name within today. 3. Purchaser will be transfer the vehicle in his own name within today. 3. Purchaser will be transfer the vehicle in his ow 45 days from the date of taking of the transfer papers of above said 45 days from the date of taking of the transfer papers of above said 45 days from the date of taking of the transfer papers of above said vehicle & dealer will not be liable for the same. 4. The vehicle has been vehicle & dealer will not be liable for the same. 4. The vehicle has been vehicle & dealer will not be liable for the same. 4. The vehicle has been sold on as is where is basis. 5. After taken the possession of the said sold on as is where is basis. 5. After taken the possession of the said sold on as is where is basis. 5. After taken the possession of the said liable for anything. 6. The vehicle has subject vehicle dealer will not be liable for anything. 6. The vehicle has subject liable for anything. 6. The vehicle has subject to CHANDIGARH jurisdiction only. to CHANDIGARH jurisdiction only. Vehicle stand in the name of –SAME AS ABOVE SAME AS ABOVE- Date. 24.10.2022 WITNESSES: 1) Ajay Partap Singh 9316175007 2) Gitika 9876195000 Time of Delivery 4:30 p.m. Abhishek Partap Singh # 51, Sec-48C, Chd. Phone 8872605212 -Sd- 24.10.2022/04:30 p.m. (BUYER) (I am fully satisfied for this deal)” SWARNJIT SINGH 2025.05.29 11:24 I attest to the accuracy and integrity of this document 3 2025 CWP-6008-2025 7. The petitioner had purchased the nine year old The petitioner had purchased the second hand car and nine year old second hand car and to expect that there would be no defect in the car which has been purchased to expect that there would on no defect in the car which has been purchased on as is where is basis’ is asking for the moon. ‘as is where is basis 8. query of this Court as what would be the price of In response to a query of this Court as what would be the price of query of this Court as what would be the price of In response to new Audi A6 car, learned counsel for the petitioner has informed us that new Audi A6 car, learned counsel for the petitioner has informed us that new Audi A6 car, learned counsel for the petitioner has informed us that new Audi A6 car, learned counsel for the petitioner has informed us that price of the brand new although the vehicle has been discontinued but the price of the brand new although the vehicle has been discontinued but the although the vehicle has been discontinued but the vehicle would be about Rs.60- 65 lakhs while the petitione vehicle would be r had purchased the while the petitioner had purchased the There does not appear any warranty period in the car for about Rs.10,20,000/-. There does not appear any warranty period in the There does not appear any warranty period in the car for about Rs.10,20,000/ terms and conditions of sale although sometimes even when second hand goods terms and conditions of sale although sometimes even when second hand goods terms and conditions of sale although sometimes even when second hand goods terms and conditions of sale although sometimes even when second hand goods are sold, warranty is prescribed. are sold, warranty is prescribed. 9. In view of the above, we do not find that there is any manifest In view of the above, we do not find that there is any manifest In view of the above, we do not find that there is any manifest In view of the above, we do not find that there is any manifest by illegality in the order of the National Commission warranting interference by illegality in the order of the National Commission warranting interference illegality in the order of the National Commission warranting interference this Court while exercising writ jurisdiction. Consequently, t this Court while exercising he petition stands Consequently, the petition stands dismissed. (ANUPINDER SINGH GREWAL) (ANUPINDER SI JUDGE (DEEPAK MANCHANDA) (DEEPAK MANCHANDA) JUDGE 13.05.2025 SwarnjitS Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes / No Yes / No Yes / No Yes / No SWARNJIT SINGH 2025.05.29 11:24 I attest to the accuracy and integrity of this document 4