1. Rao Falak Sher has approached this court through the instant complaint filed under section 25/27 of Punjab Consumer Protection Act, 2005 against M/s Hassan Corporation Pvt. Ltd., Gujranwala respondent herein. It is contended by the complainants that they placed and order for supply of Tractor Fiat 480 through Agriculture Development Bank Kamoke vide booking order No. KMK/2008/68 against the price of Rs. 3,20,000/- but at the time of delivery of the Tractor the respondent forcibly received Rs. 3,67000/- i.e Rs. 47000/- in excess of the settled price of Tractor and same was delivered to the complainants. Complainants claimed that respondent was bound to charge the price displayed by him at the time of booking of Tractor and overcharging of Rs.
2. 47000/- by the respondent comes which the preview of section 28 of the Punjab Consumer Protection Act, 2005. Therefore, not only the overcharged amount be ordered to be refunded to the complainant but cost of the complaint be also awarded.
3. In response to summon/notice issued by this court respondent entered into appearance and refuted the allegations mentioned in the complaint by the complainants raising various objections on the maintainability of the complaint. Main contention of the respondent is that at the time of booking of the Tractor, it was clarified in black and white to the complainant that price prevailing at the time of delivery of Tractor shell be charged and the amount received at time of placing of order is provisional in nature. It was also contended that the complaint is time barred which cannot be entertained by this forum.
4. I have given my anxious consideration to the contentions raised by the parties. Admittedly the order was placed for purchase of Tractor on 22/01/08 & the said over price of Tractor was demanded on 14-04-08. If the cause of action occurred on 14-04-08, the time limit for filing the claim before the court as envisaged in section 28(4) of the Punjab Consumer Protection Act, 2005 was on 14-05-08 (thirty days) but as per record the necessary legal notice was issued on 06/01/09 and thereafter on 16/02/09 the complaint was submitted in the office of the Registrar, District Consumer Court Gujranwala. In this way the complaint is 9 months out of time. Although the Consumer Court having jurisdiction to hear the case may allow extension within such time but complainant neither has claimed any such concession nor ever tried to satisfy the forum by showing sufficient cause for not filing the complaint within the specified period.
5. The application form for booking for Agriculture Tractor, the receipt of the initial deposit of the amount of the Tractor as well as the intimation about the final delivery of the Tractor duly contain the absolute final price prevailing at the time of delivery of the goods.
6. In this view of the matter it will be of no use to proceed further in the matter, rather it will be an abuse of process of the court, therefore, the instant complaint is hereby dismissed with no order as to cost. File be consigned to the record room after its due completion.