Order No. 03 Dated- 22.11.2021
Record is put up for order on the point admission.
The matter was heard on 12.11.2021.
Complainant files hazira.
Perused the petition of complaint coupled with documents annexed thereto. Considered. The cause of action of the instant consumer complaint arose on 03.06.2019 when the OP/Bata India Ltd. sold Hush Puppies shoe to the complainant against Tax Invoice. Therefore, the consumer complaint should be filed within 02.06.2021. On bare perusal of the record, it appears to us that the instant case is filed on 04.10.2021 beyond the period of limitation as prescribed under section 69 of the Consumer Protection Act, 2019.
It is true that the Hon’ble Supreme Court in a unreported case (Miscellaneous Application No. 665 of 2021) in SMW (C) No. 03/2020 have been pleased to pass in Suo Motu proceeding on 08.03.2021.
“1. In computing the period of limitation for any suit, appeal, application or proceeding the period from 15.03.2020 till 14.03.2021 shall excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. ”
Thereafter, the Hon’ble Supreme Court intervened in the Sqo-Motu proceedings by filing Miscellaneous Application No. 665/2021 seeking restoration of the order dated 23.03.2020 and passed the following order on 27.04.2021.
“We also take judicial notice of the fact that the steep rise in Covid-19 virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of covid-19 virus, thus, requires extraordinary measures to minimize the hardship of litigant public in all the states. We therefore, restore the order dated 23 mach 2020 and in continuation of the order dated 08 march, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders.
It is further clarified that the period from 14th March, 2021 till further order shall also stand excluded in computing the periods prescribed under section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, section 12A of the commercial Courts Act, 2015 and provisions (b) and (c) of section 138 of Negotiable Instruments Act, 1881 and any other laws, which prescribe period (s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
We have passed this order in exercise of our powers under Article 142 read with Article 141 of the constitution of India. Hence, it shall be a binding order within the meaning of Article 141 on all courts/Tribunals and Authorities.”
In para 10 of the complaint petition complainant explained the reason of delay in filing the consumer complaint but the complainant did not choose to file any separate Miscellaneous Application under sub section (2) of Section 69 of the Consumer Protection Act, 2019 seeking condonation of delay in filing the complaint. Thus, the complaint is barred by limitation and we are not inclined to admit the complaint and complaint is rejected.
In view of rejection of consumer complaint, Miscellaneous Application dated 12.11.2021 U/s 34 (2) (b) of the CP Act, 2019 is not tenable in law and rejected.
Thus, MA being No. 488/2021 is disposed off.
