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Section 69: Limitation period

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2019
Section 68 All 107 Sections of Consumer Protection Act Section 70

Legal Commentary & Landmark Judgments: Section 69

Section 69 establishes a strict two-year limitation period for filing consumer complaints across all three tiers, with a statutory exception permitting admission beyond two years only upon demonstration of sufficient cause recorded in writing.

  • Two-Year Peremptory Limitation Period: Mandates that no complaint shall be admitted by a District, State, or National Commission unless filed within two years from the date on which the cause of action arose.
  • Mandatory Statutory Duty on Consumer Fora: Imposes an independent duty on the Commission to examine limitation at the threshold, irrespective of whether the opposite party raises a preliminary objection.
  • Condonation of Delay on Sufficient Cause: Subsection (2) permits admission after two years only if the complainant satisfies the Commission of 'sufficient cause' and the Commission records its reasons in writing.
Key Landmark Precedents:
  • State Bank of India v. B.S. Agriculture Industries (I) (2009) 5 SCC 121: A 2-Judge Bench of the Supreme Court held that the two-year limitation under consumer law is peremptory; consumer fora cannot entertain stale claims, and determining limitation is a jurisdictional condition precedent before addressing merits.
  • V.N. Shrikhande v. Anita Sena Fernandes (2011) 1 SCC 53: The Supreme Court held that in cases of latent injuries or medical negligence, the cause of action arises when the negligence is discovered or could have been discovered with reasonable diligence.
  • Meerut Development Authority v. Mukesh Kumar Gupta, 2012 SCC OnLine SC 1109: The Supreme Court held that failure to deliver possession of an immovable property or refund the deposited consideration constitutes a continuing wrong, creating a continuous cause of action not barred by limitation.
Courtroom Practice & Strategic Litigation Guidance:

Calculate the limitation date strictly from the initial breach or unambiguous repudiation of claim. If the complaint is filed beyond two years, file a dedicated Section 69(2) condonation application detailing day-to-day delay with documentary evidence. In delayed housing possession claims, argue 'continuing cause of action' under Mukesh Kumar Gupta.

Section 68 All 107 Sections of Consumer Protection Act Section 70