Sri Shyamal Gupta, Member.
Present Revision is directed against the order dated 29.04.2018 passed by the Ld. District Commission, Howrah in CC/75/2018.
It is the case of both sides that the provision of Section 24A of the C.P Act, 1986 is not complied herein. Ld. Advocate of the Revisionist submits that the approach of the Ld. Forum below in admitting the complaint purportedly being “the complaint is filed within the period of limitation” is grossly irregular and calls for immediate intervention.
On the other hand, Ld. Advocate of the Respondent draws the attention in paragraph 53 of the Complaint Petition.
Heard both sides at length and considered the document on record including the citation filed by the Ld. Advocate of the Respondent.
“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 there under. 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.”
Accordingly, I allow this Revision and set aside the impugned order.
Parties to appear before the Ld. District Commission on 08.04.2021 for hearing the Section 24A petition filed already by the Complainant on merit.
