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S Singh   20 August 2015

Limitation period for 2nd case at Consumer Court

Cause of action accrued on 24th May, 2012,

I filed suit in a Civil Court on 10th May, 2014,

unfortunately the suit got dismissed due to non payment of Court fees on 17th August, 2015.

Now I don't want to continue with the suit, but instead want to file a case in Consumer Court for the same cause of action.

Does the limitation period allow me to file a case in Consumer Court today i.e. after passing of 2 years of cause of action?

Can filing of my case in Consumer Court today be considered in time as I had initially applied for the suit in Civil Court in time and time has therefore passed by without my fault?

Is the time spent upon litigation in Civil Court be excluded in calculating the limitation period?

 



 2 Replies

Nitish Banka (lawyer)     20 August 2015

2 yrs limitation period u may avail civil remedy

Dr J C Vashista (Lawyer)     20 August 2015

You are barred by limitation, suit in civil court shall not affect the limitation  before consumer forum/commission.


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