Does limitation allow me to file a 2nd case at consumer court?
S Singh
(Querist) 20 August 2015
This query is : Resolved
Cause of action accrued on 24th May, 2012,
I filed suit in a Civil Court on 10th May, 2014,
unfortunately the suit got dismissed due to non payment of Court fees on 17th August, 2015.
Now I don't want to continue with the suit, but instead want to file a case in Consumer Court for the same cause of action.
Does the limitation period allow me to file a case in Consumer Court today i.e. after passing of 2 years of cause of action?
Can filing of my case in Consumer Court today be considered in time as I had initially applied for the suit in Civil Court in time and time has therefore passed by without my fault?
Is the time spent upon litigation in Civil Court be excluded in calculating the limitation period?
P. Venu
(Expert) 20 August 2015
Consumer Forum is not a court; it is only a quasi-judicial body. Hence the provisions of the Limitation Act are of no application.
What is relevant or what applies is the limitation as provided under the provisions of the CP Act. The said limitation could be condoned if sufficient cause could be shown.
The filing of civil action is an alternate remedy. Those doors still open to you. Hence it is not necessary that the time spent on this action be excluded.
R.K Nanda
(Expert) 20 August 2015
time spent upon litigation in Civil Court cannot be excluded in calculating the limitation period for filing complaint in CF.
Rajendra K Goyal
(Expert) 20 August 2015
The cause of action is more than 2 years old.
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.
Dr J C Vashista
(Expert) 22 August 2015
Consumer fora has limitation of 2 years without any condonation including time spent in any litigation in civil court (as in your case.
