Consumer Protection Act
If the cause of action arises in first week of June 2020 (when nationwide lockdown was in force) regarding deficiency of services by a company, then what will be limitation period for filing the 'consumer complaint' before District Consumer Commission? Due to irregular working of courts and tribunals, can 'complaint' be filed by the Consumer before District Forum in August 2022. Can delay be condoned by the District Forum due to Covid-19 Lockdown scenario ? Can some interpret the implication of the Order passed by Hon'ble Supreme Court of INDIA on this issue. (Reference: MISCELLANEOUS APPLICATION NO. 21 OF 2022 in SUO MOTU WRIT PETITION (C) NO. 3 OF 2020)
Limitation duration to file consumer complaint- As according to section 35 of the Act, a consumer complaint need to be filed to respective District forum as per a span of two years from the date on which the reason of motion or deficiency in service or disorder in items arises.
However, the law allows the consumer or aggrieved to file a complaint even after the statutory period of years if the District forum is satisfied that the complainant has real and legitimate motives for no longer filing the complaint in the particular term. In case of any deficiency in offerings, the consumer can approach consumer Courts constituted beneath the Act.
After the commencement of latest consumer protection Act, 2019, consumer court cases can now be registered electronically. The complete adjudicating technique has been simplified via no longer simply allowing digital filing but, empowering and authorizing District and nation consumer forums to deal with to study applications and additionally recommend mediation (on every occasion possible).
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