Consumer case
B Singh
(Querist) 21 August 2014
This query is : Resolved
Consumer court after 2 years passed orders that on point of jurisdiction case cannot be decided by this court and case can be filed on appropriate court where it has jurisdiction to trial the case. My query is that almost a year has passed since the court has ordered and now can I file case in consumer court after one year where it has jurisdiction or is there any time limit.
Kumar Doab
(Expert) 21 August 2014
File your complaint at jurisdiction set in your case.
Advocate Bhartesh goyal
(Expert) 22 August 2014
Consumer case can be filed within two years from the date of arising cause of action but since in your case Forum has return you the compalint to file in the same in Forum having jurisdiction and you had to file the same immediately without wasting any time.Any how file immediately now.
malipeddi jaggarao
(Expert) 22 August 2014
I agree with the suggestion of expert Shri Bhartesh Goyal ji.
Raj Kumar Makkad
(Expert) 22 August 2014
You cannot file such complaint now before the appropriate forum as you have wasted one year after passing of the order of the fora.
Advocate Bhartesh goyal
(Expert) 23 August 2014
File complaint alongwith delay condone application.see sec 24A of the Act
[24A. Limitation period
(1) The District Forum, 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 Forum, 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.
Raj Kumar Makkad
(Expert) 23 August 2014
As the earlier complaint had been dismissed one year ago and no reasonable causes have been given by author for not filing the subsequent complaint before the concerned consumer forum within a period of one month, there is no hope of its success.
T. Kalaiselvan, Advocate 
(Expert) 26 August 2014
I agree with the vies and opinions of expert Mr. Bhartesh goyal on the subject, you may follow his advise.
M V Gupta
(Expert) 27 August 2014
As provided in Sec 24A of the CP Act, if u have satisfctory explanation for the delay of one year after passing of the order, u may immediately act and file the complaint in the proper forum.
Raj Kumar Makkad
(Expert) 27 August 2014
Section 24 A of CP Act is meant for the appeal and not for filing the complaint.
M V Gupta
(Expert) 28 August 2014
With due respect to Shri Makkad, I submit that Sec 24A applies to complaints to be filed in the District, state and National fora and sub section (2) PROVIDING FOR CONDONATION OF DELAY ALSO APPLIES TO ALL THE ABOVE FORA.(see extract of the section given above by Shri Goyal. So far as time limit for filing appeals is concerned, Section 15 (appeal to ST C) and Sec 19 (Appeal to NC)prescribe 30 days from date of the order to be appealed against.
Raj Kumar Makkad
(Expert) 28 August 2014
Thanks respected Gupta sir for correcting me.
Raj Kumar Makkad
(Expert) 31 August 2014
As Mr. Gupta is right, so I have paid regard for him.
