Present: Sh. Abhishek Panwar, Adv. for complainant.
Heard on the point of maintainability of the present complaint. After going through the contents of complaint filed by the complainant, we have observed that the present complaint has been filed by the complainant under section 35 of The Consumer Protection Act, 2019 but the present complaint is barred by limitation as per section 69 of The Consumer Protection Act, 2019 which provides that:-
69 Limitation period. - (l) 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 (l), 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 Forum, as the case may be, records its reasons for condoning such delay.
We have observed that in the present case, the complainant has failed to prove/place on file any document in the context that the present complaint is being filed by him within two years from the date on which the cause of action has arisen or could further satisfy this District Commission that he had sufficient cause for not filing the present complaint within such period, as required u/s 69 (Limitation period) of The Consumer Protection Act, 2019. Therefore, the present complaint filed by the complainant, stands dismissed being not filed by complying the provisions of Section 69 of The Consumer Protection Act, 2019.
File be consigned to the record-room.
