Srinivas.B.S.S.T ( Advocate) 23 June 2008
kumar sachin (lawyer) 23 June 2008
the limitation for filing a consumer complaint is two years from the date of last cause of action.
Kiran Kumar (Lawyer) 23 June 2008
exact reply by my friend
Srinivas.B.S.S.T ( Advocate) 23 June 2008
and there is a provision for conding the delay in filing also isnt it?
Bhaskaran Advocate (Lawyer) 23 June 2008
It should be one year as far as I know, check it out!
After one year the limitation period gets revived afresh if you send a notice and the other party replies to it. The limitation is one year from the date of notice.arunprakaash.m. (advocate) 23 June 2008
two years is the right answer. the court also condone the delay when there is sufficient cause.
BIJENDRA KUMAR MISHRA (Lawyer) 25 June 2008
kindly give me case law on the ground, if sufficient reason not given in the application under section 5 of limitation Act.
Thankin you in advance
bijendramishra@yahoo.com
arunprakaash.m. (advocate) 26 June 2008
Limitation act is not applicable for consumer protection act
Agnes d'souza case 1990
satisha.K.M (Lawyer) 27 June 2008
Under the Consumer Protection Act, the limitation period is two years, but there is a proviso for condonation of delay provided you can satisfy the forum that the delay was bona fide and genuine, and not on account of callousness or ignorance on your part. The claim should also not be barred under the general law of limitation. Whether or not to condone delay is the discretion of the forum. Decided cases: [Bharat S Modi v/s British Airways—O.P. No. 48/96 decided by the National Commission on 10-12-2001]General Manager, Telecom, v/s Jayanti Lal Hemchand Gandhi - IX-1993 (3) C.P.R. 135,Saidpur Sahakari Kraya Vikraya Samiti Ltd. & Cold Storage v/s Divisional Manager, United India Insurance Co. Ltd, & Anr. VII-1995 (2) C.P.R. 477 Sources: Times of India, mumbai june 23 2005 & karmayog.org
Srinivas.B.S.S.T ( Advocate) 27 June 2008
Well said sathisa
arunprakaash.m. (advocate) 30 June 2008
well thank you mr.satisha
This is only condonation of delay if there is sufficient cause. This depends upon the discetionory power of the forum.