Consumer Complaint Barred by Limitation: NCDRC Ruling and Key Insights

Sufficient Cause Required to Justify Delay Condonation: NCDRC

August 12, 2024

The National Consumer Disputes Redressal Commission, led by Justice A.P. Sahi, ruled that a consumer complaint is barred by limitation under Section 24A of the Act, and a sufficient reason must be provided to justify the condonation of the delay.

Case Summary

The complainants had purchased plots from the respondents/vendor in 1984 for future use. They claimed that the sale deeds pertained to non-existent land, which lacked title and identity. The complainants filed a complaint with the State Commission of Telangana, which determined that disputes over the sale deeds of non-existent property should be resolved by a civil court, not a consumer forum. The complainants subsequently appealed to the National Commission.

National Commission Observations

The National Commission noted that the State Commission should have considered the limitation clause and dismissed the complaint accordingly. The Commission referenced the case Samruddhi Coop. Housing Society Ltd. v. Mumbai Mahalaxmi Construction (P) Ltd. (2022), which discussed a continuing wrong involving a breach of obligation. However, in this case, the land was purchased in 1984, and the complainants claimed to have learned about the land’s disputed status only in 2018, filing complaints in 2020. The Commission found it unreasonable to wait 34 years to address the land’s status. The complaint was filed 36 years after the sale deeds, with no adequate explanation for the delay. Additionally, there was no evidence of possession delivery or attempts to recover possession for over three decades. Since the cause of action arose long ago, the complainants’ inaction did not overcome the limitation period under Section 24A of the 1986 Act. The Commission concluded that the delay rendered the complaint barred by limitation, a jurisdictional fact the State Commission should have determined based on the cited judgment.

Posted and reproduced in Public Interest by

Adv. Sulaiman Bhimani Legal Consultant

Expert in RERA & Consumer Matters, Co-operative Scty Matters,

Deem Conveyance, Family Matters, and Property Disputes.

Human and Civil Rights Campaigner

President Citizens Justice Forum https://citizensjusticeforum.in