State Commission has dismissed the appeal, inter-alia on the ground that the complaint was barred by limitation; that the cause of action had arisen in the year 1997 whereas the complaint was filed in the year 2005 which was clearly barred by limitation.

We agree with the view taken by the State Commission.  Under Section 24 (a) of Consumer Protection Act, 1986 a complaint can be filed within two years of the date of arising of cause of action.    Under the Act, a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken.  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 provision is peremptory in nature and requires consumer  fora  to  see whether the complaint has been filed within two years from the date of arising of cause of action; that the expression, `shall

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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 or not; that the consumer fora as a matter of law are required to deal with the complaint on merits only if the complaint has been filed within two years from the date of arising of cause of action.  Para-8 of the aforesaid judgment 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

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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 complaint was admittedly filed after a lapse of eight years from the date of arising of the cause of action.  State Commission has rightly dismissed the complaint as barred by limitation.  Appeal is dismissed.