Consumer complaint

Pratik Jain (Querist) 13 March 2014 This query is : Resolved
I have purchased a skoda Fabia in Jan 2011 but the dealer have given me the Nov 2010 model which i notice few days back ( Mar 2014), so can i go to consumer court for the same,

Do court accept my case because its been 3 year. can i file the case now ?

Please let me know the same.

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Devajyoti Barman (Expert) 13 March 2014
Yes, it is more than three years. You can file the case only if you could prove that you waited for sometime till they company redress your grievance and when it failed then you came.
Failure of the car maker to fulfill your demand must fall within the last two years from the date of filing.

Pratik Jain (Querist) 13 March 2014
In this case i just noticed this issue in the month of Mar 2014 then how can i prove that. please advise.

it is their duty that they should have delivered the vehicle of 2011 model instead of 2010 model.

Devajyoti Barman (Expert) 13 March 2014
Then you have to prove the date of knowledge on the later date which is quite difficult to establish.

Advocate Bhartesh goyal (Expert) 13 March 2014
No,You had to approach the consumer forum within two years from the purchase of car.CAUSE OF ACTION HAD ARISEN IN YOUR CASE ON jAN.2011.so now you can not file complaint before DCRF.
24A. Limitation period

(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

Pratik Jain (Querist) 13 March 2014
any altenative or suggestion

Devajyoti Barman (Expert) 13 March 2014
Yes and that is why You have to show cause of action on later date.
If you could show that after withing few months of detecting the wrongs asked for its redress then the date would be calculated from date of their alleged refusal.
You have to set up a case by creating cause of action.