Limitation period for filing case in Consumer Court

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    • #1514
      Anonymous
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      What is the limitation period for filing a complaint case in the District Consumer Forum? In my case a period of about one and half years has already expired. Can I file the complaint now?

    • #1515

      As per Section 24-A of the Consumer Protection Act, 1986, the limitation period for filing a complaint before the District Forum is 2 years. The limitation period for filing complaint before the State Commission or the National Commission is also two years (if the complaint has to be filed before them due to the value of claim involved).

      In view of this, in your case, the time period of one and half years is within the limitation period of 2 years, so you can still file your complaint before the District Forum.

      Section 24-A of the Consumer Protection Act is reproduced below:

      24-A. Limitation period.—(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

      (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

      Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”

       

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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