IMPORTANT POINT
Consumer Forum must deal with complaint on merits only if complaint has been filed within two years from date of accrual of cause of action.

Mrs. Neena Sandhu, Member—In brief, the facts of the case are that the father of the complainant engaged Sh.T.N. Sarup, Advocate (Opposite Party) for filing and pursuing the complaint against the National Insurance Co. Ltd. before the Punjab State Consumer Disputes Redressal Commission, Chandigarh claiming the compensation of Rs.29 lacs and settled with him the amount of fee as Rs.35000/- and Rs.5000/- as expenses. It was further stated that Rs.25000/- out of Rs.40000/- were paid by his father in the year 2008. It was further stated that the Opposite Party failed to file the complaint before the Punjab State Consumer Disputes Redressal Commission, Chandigarh. It was further stated that the father of the complainant expired in the year 2010, and thereafter he approached the Opposite Party to know about the status of the case. The Opposite Party informed him not to worry regarding the same. It was further stated that the complainant paid the remaining fee of Rs. 15000/- to the Opposite Party. The Opposite Party entrusted him a false and wrong copy of the case titled as Dr.C.K. Sharma Vs. National Insurance Co. (Annexure P-3) to ensure that he had already filed the said complaint. It was further stated that, in fact, the Opposite Party did not file any case before the Punjab State Consumer Disputes Redressal Commission, Chandigarh despite receiving the full fee. It was further stated that had the Opposite Party ever informed about the non-filing of the said case, the complainant would have engaged some other Counsel. It was further stated that the Opposite Party was deficient, in rendering service, as also, indulged into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act,1986(hereinafter to be called as the Act only), was filed directing the Opposite Party to pay Rs. 29 lacs on account of harassment, mental agony, financial loss etc. besides Rs.10,000/- as cost of litigation.

2. The complainant, in support of his complaint, filed his affidavit, by way of evidence, with which a number of documents were attached.

3. We have heard the complainant in person, and, have gone through the evidence and record of the case, carefully.

4. It was stated by the complainant, in para no.2 of the complaint, that his father engaged Sh.T.N.Sarup, Advocate (Opposite Party) for filing and pursuing the case, against the National Insurance Co. Ltd. before the Punjab State Consumer Disputes Redressal Commission and for this purpose, his father paid Rs.25,000/- to the Opposite Party in the year 2008. From the above, it is clear that the cause of action, if any, arose to the complainant, in the year 2008. According to section 24-A of the Consumer Protection Act, 1986, the complaint was required to be filed within two years from the date of accrual of cause of action. It is an admitted fact that the complainant filed the complaint on 12.03.2012 i.e. after the expiry of two years from the date of accrual of cause of action. As per the provisions of the Section 24-A of the Consumer Protection Act, 1986, the complaint cannot be admitted, unless it is filed within two years, from the date on which the cause of action has arisen. There was complete inaction and lack of bona-fides, on the part of the complainant, in not filing the complaint in time. No application has been filed alongwith the complaint for condonation of delay. There is no material, on record, constituting the sufficient cause, for condonation of such a long delay, in filling the complaint. The Hon’ble Supreme Court in State Bank of India Vs B.S.Agricultural Industries1, while considering the provisions of Section 24A of the Act, held as under ;

Section 24A of the Act, 1986 prescribes limitation period for admission of a complaint by the Consumer Fora thus:

“24A. Limitation period—(1) The District Forum, the State Commission or the National Commission shall not