20 June 2024 Consumer Protection Act >> Consumer Rights   |   Property Registration >> Personal Law  

A recent decision by the National Consumer Disputes Redressal Commission (NCDRC) highlights the importance of filing consumer complaints within the stipulated timeframe. The case involved Maria Goretti Beck (complainant) and Infant Jesus Co-operative Housing Society Limited (respondent).

The dispute arose from the complainant's investment in the respondent society in 2004. Beck had invested Rs. 7,50,000 with the expectation of receiving a flat in a building the society was planning to construct. However, the society wasn't registered until 2005. Despite the delay, Beck did not receive the promised flat or a refund of her investment.

In 2015, Beck demanded a refund from the society. Subsequently, she filed a complaint with the Consumer Commission in 2016. The respondent argued that the complaint was time-barred as it came more than 12 years after the initial investment.

The NCDRC upheld the State Commission's order, dismissing Beck's complaint due to limitation. The court pointed out that the cause of action, which is the event that gives rise to the right to file a legal claim, occurred in 2004 when the payments were made. Since the complaint was filed in 2016, it fell outside the limitation period as prescribed by the Consumer Protection Act.

The NCDRC further emphasized that Beck failed to provide a satisfactory explanation for the delay in filing the complaint. The court reiterated that the burden lies with the complainant to demonstrate sufficient cause for exceeding the limitation period. Legal notices, the court clarified, cannot be used to extend the timeframe for filing consumer complaints.

  Consumer Protection Act, 1986    West Bengal Co-operative Societies Act, 1983