How Does Limitation Apply To Consumer Court Cases?

Answer:

Limitation is extremely important in consumer court cases. Consumer complaint, appeal and revision must be filed within prescribed time. If delayed, the party needs to send an application for condonation of delay along with sufficient cause for not filing earlier. Delay will not be condoned gratuitously. Consumer forums see if the delay has been adequately explained and if the party has exercised reasonable diligence.

Consumers often lose good cases by waiting too long. They send emails, make calls, hope that the opposite party will resolve but procrastinate taking legal action. In many cases, while settlement remains relevant, it does not stop limitation from applying. A consumer should know when the limitation starts from the material cause of action and consult early.

Appeals against orders from SCDRC require closer attention to limitation. As soon as the order is received, the concerned party should get certified copy, read and analyze order, collect documents, and start working on appeal. If there is delay in filing, explain the delay date-wise and honestly in the application.

LEGAL365 and Advocate BK Singh make reviewing limitation one of the initial steps in consumer matters. Before even starting the draft, our legal team checks whether the consumer complaint or appeal is within limitation time or not. If the client gives a late complaint or appeal, we request them to wait and resubmit along with proper explanation of delay. A well-drafted complaint filed beyond limitation without sufficient cause will see serious objections. Taking timely action can protect merits of the case.