Limitation period for consumer complaint

In the above judgment the hon'ble supreme court has directed to exclude the time between 15/03/2020 to 28/02/2022 from the limitation of any legal proceedings and it applies to consumer forums too.

As for you, since your cause of action arises n between the above mentioned time period, the time limitation will start from 28/02.

Since the time period for filing a complain in consumer forums is  years then you can file your complain.

your time limitation will start from 28/02/2022 and it will be till 28/02/2024.

Good Luck

 Merchant and held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all.

Facts:

Earlier, the Hon’ble Supreme Court The Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 dated March 23, 2020 had extended period limitation for judicial and quasi-judicial proceedings from March 15, 2020 till further order considering the challenges faced by the litigants on account of COVID 19. Further vide order dated March 08, 2021 stated that the extended period limitation shall end on March 14, 2021.

Held:

The Hon’ble Supreme Court in Miscellaneous Application No. 21 of 2022 dated January 10, 2022 held as under in view of rising COVID cases: Restored its order dated March 8, 2021, April 27, 2021 and September 23, 2021. Further directed that the period from March 15, 2020 till February 28., 2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. Consequently, the balance period of limitation remaining as on October 03, 2021, if any, shall become available with effect from March 01, 2022 Held that, in cases where the limitation expiring during the period   between   March 15, 2020   till   February 28, 2022, the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 01, 2022. Further, where the actual balance period of limitation remaining, with effect from March 01, 2022 is greater than 90 days, that longer period shall apply. Clarified that, the period from March 15, 2020 till February 28., 2022 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

The limitation period for filing a consumer complaint can vary depending on the jurisdiction and the nature of the complaint. In India, under the Consumer Protection Act, 2019, the limitation period for filing a consumer complaint before a District Consumer Commission is generally two years from the date on which the cause of action arises.

In the scenario you mentioned, where the cause of action arose in the first week of June 2020 during the nationwide lockdown, the two-year limitation period would typically mean that the complaint should be filed by the first week of June 2022.

However, you raised a valid concern regarding the irregular working of courts and tribunals due to the COVID-19 pandemic. Courts in India, including consumer forums, have faced disruptions and delays in their proceedings during the pandemic.

To address such delays, you may consider seeking the condonation of the delay in filing the complaint due to the COVID-19 lockdown scenario. The District Forum may consider such requests on a case-by-case basis, and their decision would depend on various factors, including the specific circumstances of your case. Pokemon Infinite Fusion

The order passed by the Hon'ble Supreme Court of India in SUO MOTU WRIT PETITION (C) NO. 3 OF 2020 may provide some guidance or precedent for addressing delays caused by the pandemic. However, it's essential to consult with a legal professional who can assess your situation in detail and provide advice based on the specific facts of your case.

For precise and up-to-date legal guidance, it is recommended that you consult with an attorney who specializes in consumer law or civil litigation in India. They can provide you with the most accurate information and guidance regarding your consumer complaint and the impact of the pandemic-related delays on the limitation period.

Well explained, thanks