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Srinivas.B.S.S.T ( Advocate)     23 June 2008

period of limitation

what is the limitation period to file a consumer complaint????


Learning

 10 Replies

kumar sachin (lawyer)     23 June 2008

the limitation for filing a consumer complaint is two years from the date of last cause of action.

Kiran Kumar (Lawyer)     23 June 2008

exact reply by my friend

Srinivas.B.S.S.T ( Advocate)     23 June 2008

and there is a provision for conding the delay in filing also isnt it?

Bhaskaran Advocate (Lawyer)     23 June 2008

It should be one year as far as I know, check it out!

After one year the limitation period gets revived afresh if you send a notice and the other party replies to it. The limitation is one year from the date of notice.

arunprakaash.m. (advocate)     23 June 2008

two years is the right answer.  the court also condone the delay when there is sufficient cause.

BIJENDRA KUMAR MISHRA (Lawyer)     25 June 2008

kindly give me case law on the  ground, if sufficient reason not given in the application under section 5 of limitation Act.


 Thankin you in advance


                bijendramishra@yahoo.com

arunprakaash.m. (advocate)     26 June 2008

Limitation act is not applicable for consumer protection act


Agnes d'souza case 1990

satisha.K.M (Lawyer)     27 June 2008

Under the Consumer Protection Act, the limitation period is two years, but there is a proviso for condonation of delay provided you can satisfy the forum that the delay was bona fide and genuine, and not on account of callousness or ignorance on your part. The claim should also not be barred under the general law of limitation. Whether or not to condone delay is the discretion of the forum. Decided cases: [Bharat S Modi v/s British Airways—O.P. No. 48/96 decided by the National Commission on 10-12-2001]General Manager, Telecom, v/s Jayanti Lal Hemchand Gandhi - IX-1993 (3) C.P.R. 135,Saidpur Sahakari Kraya Vikraya Samiti Ltd. & Cold Storage v/s Divisional Manager, United India Insurance Co. Ltd, & Anr. VII-1995 (2) C.P.R. 477                            Sources: Times of India, mumbai june 23 2005 & karmayog.org

Srinivas.B.S.S.T ( Advocate)     27 June 2008

Well said sathisa

arunprakaash.m. (advocate)     30 June 2008

 


 


 


 


 


well thank you mr.satisha


 This is only condonation of delay  if there is sufficient cause. This depends upon the discetionory power of the forum.


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