limitation to file consumer complaint after sending the legal notice
S.Raghavendra
(Querist) 26 July 2011
This query is : Resolved
Dear Sirs,
I have issued a legal notice to 'A' with regard to 'deficiency in service' on 28.04.2011. Then 'A' replied to my notice through an advocate on 17.05.2011.
Today's date is 26.07.2011. Approximately 70 days are over. My client had been to abroad and now he is back. I want to file a consumer complaint. Since 70 days are over after their reply, can i file a consumer complaint. Is there any limitation aspect which restricts me to do so. Kindly advise me on this issue or any other suitable remedy available.
Thank you,
S.Raghavendra
Advocate
ajay sethi
(Expert) 26 July 2011
yes you can file consumer complaint in local consumer disputes redressal forum within a period of 2 years from date on which cause of action has arisen . section 24a deals with limitation under consumer protection act 1986 . even if complaint is filed after 2 years forum has discretion to admit the complaint if you had sufficient cause for not filing complaint within period
Devajyoti Barman
(Expert) 26 July 2011
Yes the limitation period is 2 years , so you are well within time.
mahendrakumar
(Expert) 27 July 2011
legal notice has nothing to do with the consumer case,as it is not a mandatory procedure and as such any delay arising out of it is not material,except the cause of action should not have occured more than 2 years unless the delay is got condoned.
Advocate Ravinder
(Expert) 20 September 2013
From which date this 2 years limitation period has to be calculated. What is the date of cause of action. Whether the date of committing deficiency of service or the date of reply notice? Anybody kindly explain.
