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1 - 10 of 27 (0.39 seconds)M/S Geo Miller & Co.Pvt.Ltd. vs Chairman, Rajasthan Vidyut Utpadan ... on 3 September, 2019
19. After due examination of facts of the case and settled preposition of law in the catena of judgments passed by the Hon'ble Supreme Court, I am of the considered view that the complaint filed before the District Commission is barred by limitation under the Act as the same expired in May, 2022 on being extended by Hon'ble Supreme Court in Suo-Motu Writ Petition. But, the Complaint was preferred on 26.09.2022. Also in view of the judgment of the Hon'ble Supreme Court in Geo Miller & Co. Pvt Ltd Vs Rajasthan Vidyut Uptpadan Nigam Ltd (2020) 14 SCC 643 wherein the Hon'ble Supreme Court had held that a party cannot postpone the accrual of cause of action by writing reminders or sending reminders and mere correspondence by way of writing letters/reminders subsequent to date of cause of action as it would not extend limitation. Consequently, the learned State Commission rightly did not condone the delay in filing the complaint before the District Forum.
Section 5 in Consumer Protection Act, 2019 [Entire Act]
The Consumer Protection Act, 1986
Kandimalla Raghavaiah & Co vs National Insurance Co. & Anr on 10 July, 2009
i) Kandimalla Raghavaiah & Co. Vs National Insurance Co. Ltd. (2009) 7 SCC 768.
State Of Tripura & Ors vs Arabinda Chakraborty & Ors on 21 April, 2014
vi) State of Tripura & Ors Vs Arabinda Chakraborty & Ors 1 (2014) SLT 370.
Mahesh Nensi Shah vs Oriental Insurance Co. Ltd. on 7 March, 2006
vii) Mahesh Nensi Shah Vs. Oriental Insurance Company Ltd. III (2006) CPJ 414 (NC).
Samruddhi Co Operative Housing Society ... vs Mumbai Mahalaxmi Construction Pvt. ... on 11 January, 2022
viii) Samruddhi Co-operative Housing Society Ltd Vs. Mumbai Mahalaxmi Construction Pvt Ltd. 1 (2019) CPJ 347 (NC).
Cicily Kallarackal vs Vehicle Factory on 6 August, 2012
xiv) Cicily Kallarackal Vs Vehicle Factory IV (2012) CPJ I (SC).
Mahant Bikram Dass Chela vs Financial Commissioner, ... on 3 August, 1977
xvii) Bikram Dass Vs Financial Commissioner and Ors AIR 1977 SC 1221.