NCDRC issues directions to its Registry for compliance and computation of limitation period after SC’s Order for Relaxation in Limitation Period due to COVID surge
The National Consumer Disputes Redressal Commission (NDRC) issued directions to its Registry for compliance and computation of limitation period after Supreme Court’s Order for relaxation in limitation period due to COVID surge.
The Supreme Court of India, in its Order dated 10th January, 2022, passed in MA No.21 of 2022 in MA No.665 of 2021 in Suo Motu Writ Petition (Civil) No.3 of 2020, in Re: Cognizance for Extension of Limitation (copy enclosed) has issued the directions.
In the light of the order passed by the Supreme Court of India, the President of NCDRC, issued the various directions to the Registry of the NCDRC.
The Computation of delay in such matters in which Limitation had already expired on or before 14.03.2020;
The delay in filling the matters (ie., Revision Petitions, First Appeals, Consumer Complaints, Written Statements, Applications, etc.), which will be filed on or after 01.03.2022, in which limitation, as prescribed in the Consumer Protection Act, 1986, or the Consumer Protection Act, 2019 (as may be applicable), had already expired on or before 14.03.2020, shall be computed in the manner as:
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), shall be computed from the date of receipt of the free certified copy of the order of the State Commission till 14.03.2020 (i.e. before 15.03.2020);
The period from 15.03.2020 to 28.02.2022 shall be excluded for computing limitation; the number of days of delay from 01.03.2022 (including 01.03.2022) till the date of filing of the matter shall be computed;
The number of days computed at (i) and (iii) above shall be added to arrive at the total number of days of delay in filing a matter.
The order further read that computation of delay in such matters in which Limitation expires between 15.03.2020 and 28.02.2022, the delay in filing the matters, i.e., Revision Petitions, First Appeals, Consumer. The order of NDRC directed that Complaints, Written Statements, Applications, etc., where limitation is expiring between 15.03.2020 and 28.02.2022, shall be computed in the manner. The period from 15.03.2020 to 28.02.2022 shall be excluded for computing limitation; Limitation shall be further extended by 90 days from 01.03.2022, L.e. till 29.05.2022; Since 29.05.2022 is Sunday, the matters filed on 30.05.2022 will be considered to have been filed within limitation. However, if matters are filed on 31.05.2022 or thereafter, then delay shall be computed from 30.05.2022 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 15.03.2020 to 28.02.2022 (i.e., before 01.03.2022) and such a matter is filed during the same period (i.e., from 15.03.2020 to 28.02.2022) with some delay, such matter shall be treated as having been filed within the limitation.
The order further stated that 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 01.03.2022. In such an event, the standard procedure for computation of limitation shall apply.
