Petitioner got some pathological tests done from the respondent laboratory in October 1994.  Respondent reported that the petitioner was suffering from HIV I & II +ve.  Petitioner got another opinion on 14.10.1994 from Dr.Jindani, who reported that the HIV tests were negative.  Petitioner filed the complaint on 29.9.1997.  District Forum dismissed the complaint as barred by time.  Petitioner, being aggrieved, filed appeal before the State Commission which has upheld the order of the District Forum.

        Under the Consumer Protection Act, complaint can be filed within 2 years from the arising of the cause of action.  Petitioner obtained the second opinion on 14.10.2004.  On that date, he came to know that the earlier report given by the respondent was incorrect.  The cause of action arose to the petitioner on 14.10.1994 and the complaint was filed on 29.9.1997 which was clearly barred by time.  Supreme Court of India in State Bank of India vs. M/s. B.S. Agricultural Industries (I) – (2009)5 SCC 121 has held that the provisions of Section 24A are peremptory in nature and requires the consumer fora to see whether the complaint has been filed within two years from the date of accrual of cause of action. That the expression, `shall not admit a complaint’ occurring in Section 24A is as a legislative command to the consumer forum to examine on its own whether the complaint has been filed within the limitation period prescribed thereunder.  That the consumer fora are debarred from entertaining any complaint, which was filed beyond the period of limitation.  Para-8 of the said judgement reads as under :

“It would be seen from the aforesaid provision that it is peremptory in nature and requires consumer forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action. The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown.   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 the complaint 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 and, therefore, the aggrieved party would be entitled to have such order set aside.”

        In the present case, the cause of action had arisen to the petitioner in October 1994 whereas the complaint was filed in September 1997.  No application seeking condonation of delay was filed for a complaint which was beyond the period of 2 years prescribed under section 24A of the Consumer Protection Act.

        We agree with the view taken by the fora below that the complaint was barred by time.  Dismissed.