NCDRC issues directions to registry for computation of Limitation Period

The National Consumer Disputes Redressal Commission (NCDRC) has issued certain directions to its registry for computation of limitation period in the light of the recent Supreme Court order relaxing the limitation period to file cases..On January 10, 2022, a three-judge bench of the Supreme Court comprising Chief Justice of India NV Ramana and Justices Surya Kant and L Nageswara Rao, in light of the sudden surge in COVID-19 cases, had restored its March 23, 2020 order relaxing the limitation period. By virtue of the same, the period from March 15, 2020 till February 28, 2022 was excluded for the purposes of computing limitation period prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.An office order was issued by the joint registrar of the NCDRC on Friday containing the following directions:Computation of delay in matters in which limitation had already expired on or before March 14, 2020The registry has to ensure that the delay in filing the matters pertaining to Revision Petitions, First Appeals, Consumer Complaints, Written Statements, Applications, etc., which will be filed on or after March 1 2022, in which limitation had already expired on or before March 14, 2020, shall be computed in the following manner:The number of days of delay, in excess of the period of limitation provided in in the Consumer Protection Act, 1986, or the Consumer Protection Act, 2019 (as may be applicable), will be computed from the date of receipt of the free certified copy of the order of the State Commission till March 14, 2020 (i.e. before March 15, 2020).The period from March 15, 2020 to February 28, 2022 shall be excluded for computing limitation.The number of days of delay from March 01, 2022 (including March 01, 2022) till the date of filing of the matter shall be computed.The number of days computed at (1) and (3) above shall be added to arrive at the total number of days of delay in filing a matter..Computation of delay in matters in which limitation expires between March 15, 2020 and February 28, 2022The registry has to ensure that the delay in filing the matters pertaining to Revision Petitions, First Appeals, Consumer Complaints, Written Statements, Applications, etc., where limitation is expiring between March 15, 2020 and February 28, 2022, shall be computed in the following manner:The period from March 15, 2020 to February 28, 2022 shall be excluded for computing limitation.Limitation shall be further extended by 90 days from March 01, 2022, i.e. till May 29, 2022 since May 29, 2022 is Sunday, the matters filed on May 30, 2022 will be considered to have been filed within limitation. However, if matters are filed on May 31, 2022 or thereafter, then delay shall be computed from May 30, 2022 onwards.The matters in which the limitation (provided in the Consumer Protection Act, 1986 or the Consumer Protection Act, 2019, as may be applicable) is expiring during the period from March 15, 2020 to February 28, 2022 (before 01.03.2022) and such a matter is filed during the same period (from March 15, 2020 to February 28, 2022) with some delay, such matter shall be treated as having been filed within the limitation.Moreover, the office order further said that the "directions given by the Supreme Court shall not apply to the matters filed/instituted against such orders which shall be passed by the State Commissions on or after March 01, 2022." In such an event, the standard procedure for computation of limitation will apply, the office order added..[Read Office Order]

NCDRC issues directions to registry for computation of Limitation Period

Anadi Tiwari

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