Case No.355/18

12.04.2023

An application u/s 24A of the CPA 1986 has been filed on behalf of the OP stating that the said complaint has filed is barred by limitation.  It is stated by the OP that the complainant alleged cause of action arose on 30.07.2014 and the complaint should have been filed within two years from the date of cause of action i.e. 30.07.2016.  It is further stated that the complainant approached this Forum in November 2018 and the complainant has not even filed an application for condonation of the delay along with the complaint. 

In their reply to the application, the complainant has not denied that the complaint was filed before this Commission in November 2018.  It is further stated by the complainant that since OP was communicating with the complainant via e-mail till January 2015 hence the complaint is within limitation. It is stated that the last correspondence was sent by the OP to the complainant on 05.01.2018.  It is seen from the material on record that an amount of Rs.80,000/- was paid by the complainant on 24.06.2014 and a mail was sent by the complainant on 04.04.2015 requesting for a refund citing of “personal financial reason” to which the OP had replied on 04.06.2015 and it was confirmed that the OP would refund 50% of the amount paid by the complainant thereafter all the mails pertain to the year 2015 and of 2016 thereafter, the mail sent is on 05.01.2018 seeking 50% refund. It is seen from the record that the complainant had been promptly following up till 05.10.2016 thereafter no mail or follow up has been done in the year 2017 and the present complaint has been filed on 29.11.2018.

The limitation period as prescribed by Section 24A under the 1986 Act for admission of a complaint by the consumer forum:

 Limitation period - (1) The District Commission, 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.

(2) Notwithstanding anything contained in sub- section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Commission, as the case may be, records its reasons for condoning such delay.

From the aforesaid provision, it is imperative that this Commission should examine, before the admission of the Complaint, that it has been filed within two years from the date of accrual of cause of action

As has been held by the Hon’ble State Commission in Gian Gupta vs DDA CC No. 155/2010 decided on 16.08.2021 “The expression, `shall not admit a complaint' occurring in Section 24A is sort of a legislative command to the Consumer Forum to examine on its own whether the Complaint has been filed within limitation period prescribed thereunder. As a matter of law, the Consumer Forum must deal with the complaint on merits only if it has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. In other words, it is the duty of the Consumer Forum to take notice of Section 24A and give effect to it. If the complaint is barred by time and yet, the Consumer Forum decides the complaint on merits, the forum would be committing an illegality.”

There is nothing on record which supports the case of the Complainants. The Complainants have not provided any document which would help this Commission in arriving at a finding that the claim is within time.

The Hon’ble Delhi High Court in Mohd Suleman v. NDMC & Ors. LPA 48/2022 has held

it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action so as to overcome delay and laches …….

Therefore, the application filed by the OP is allowed.  The complaint is dismissed being time barred.