Appeal to state commission


The consumer court dismissed the case on grounds due to time barred complaint.  Although I have stated in the complaint that after final denial from the company the complaint was filed as I was in continuous toudh with the company for almost 3 years and during the month of September, 2011 the company denied and I filed complaint in consumer forum in Dec.2011. And after receving the reply of the OP the consumer forum dismissed the case that the complaint is time barred. 

Anyhow can I approach the State Commission

 
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The District Consumer Redressal Forum has rightly dismissed the complaint as the limtation to file complaint is two years from the date of accrual of cause of action  and in your case you had stated that you were in continous touch with opposite party for almost three years means cause of action accrued to you three years ago.So Forum has rightly dismissed your complaint .No scope in appeal.

 
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yes , you can appeal against the order of dismissal in State Foram on the ground that District Forum didnot appreciate the fact that from the correspondace exchanged between the parties , it is proved that cause of action was continuining and when company actually denied youe claim, only then limitation has to be calculated from the denial. Go in appeal , earlier order will defininately will be set aside.

 
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lawyer

yes you can go for appeal

if you have the proof of your continuous contact with the o.p. that will be the oxygen for your case

you can claim that the cause of action was continuing and it lasted on the denial by o p and thereafter you filed the complaint

you have got a good case untill u prove the regular touch with the o p on the issue in dispute

 
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