Case admissibility in consumer forum.

Skeptical optimist (Querist) 27 November 2014 This query is : Resolved
The housing finance bank overcharged me when I fore closured loan. Later I sent it letter asking to return excess money else face litigation. Their response on the subject dated Oct 20, 2012 (by email) deny any outstanding. To this, I sent them legal notice by registered post on Dec 09, 2012. I received auto-generated acknowledgement email (instantly) stating they will get back in 72 Hr. On Dec 11, 2012 I received call wherein bank repeated its same stand. Question: For admissibility of complaint at district consumer forum within 'two years'; which date would be considered as base? Oct 20, '12 or Dec 11, '12 (how can I prove occurrence of telephonic conversation dated Dec 11?). Your answer will help me decide whether I still have chance to approach consumer forum. Thanks.

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Devajyoti Barman (Expert) 27 November 2014
Send them another notice and then file case in consumer forum.

Skeptical optimist (Querist) 27 November 2014
Thanks sir for prompt response...I lack law background, but I thought 2 years are calculated from date of last response by respondent, pls correct me if I am wrong.

Advocate M.Bhadra (Expert) 27 November 2014
Dec.11,2012,but you can send another notice to create fresh cause of action.

Skeptical optimist (Querist) 27 November 2014
Thank you...I will dispatch fresh notice. I understand it does not matter whether respondent acknowledges / replies to my fresh notice; this too creates fresh cause.

Anirudh (Expert) 27 November 2014
I am afraid, by merely sending repeated legal notices, one cannot gain limitation period.

V R SHROFF (Expert) 27 November 2014
sending legal notices, u cannot increase limitation period.

Skeptical optimist (Querist) 27 November 2014
Thanks Mr. Anirudh and Mr. Shroff. In that case, will telephonic call dated 11/12/12 by bank to me be considered while determination of limitation period? If bank contest this claim; I guess I have no means to prove bank indeed responded on 11/12/12. Though I received auto-generated mail on 09/12/12 acknowledging receipt of my communication (but bank can claim it to be a generic acknowledgement sent on receipt of any communication, which can not be used as tool to enhance limitation) Do I have any remedy?

Jayashree Hariharan (Expert) 27 November 2014
first limitation expired in october. if you have proof of the call, you can file a case before dec. 11th.

you have already sent legal notice twice. after a gap of two years, sending again is not advisable.