NCDRC Issues Directions For Computation Of Limitation Period After Supreme Court Restores Limitation Extension

After Supreme Court of India's recent order extending limitation period for filing cases and applications in wake of the surge in COVID-19 cases, the National Consumer Dispute Redressal Commission has issued directions to its Registry for compliance and computation of limitation period.

Taking note of the surge in COVID-19 cases across the country, the Supreme Court on 10th January 2022 directed that the period from 15.03.2020 till 28.02.2022 will stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi­ judicial proceedings.

Directions for Computation of delay in such matters in which Limitation had already expired on or before 14.03.2020:

The Commission has directed that the delay in filing the matters including Revision Petitions, First Appeals, Consumer Complaints, Written Statements, Applications, etc. which will be filed on or after 1st March 2022, in which limitation had already expired on or before 14.03.2020, will 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 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.

Computation of delay in such matters in which Limitation expires between 15.03.2020 and 28.02.2022:

The Commission has directed that delay in filing the matters where limitation is expiring between 15.03.2020 and 28.02.2022, will be computed in the following 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, i.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 will be treated as having been filed within the limitation.

The National Commission has further stated that the Supreme Court directions will not apply to the matters filed or instituted against such orders which will be passed by the State Commissions on or after 01.03.2022. In such an event, the standard procedure for computation of limitation will apply.

Supreme Court's Bench comprising Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant on January 10th passed the order extending limitation on an application filed by the Supreme Court Advocates-on-Record Association (SCAORA) in the suo motu case In Re Cognizance for Extension of Limitation.

The SCAORA sought for restoration of the limitation extension - which was withdrawn with effect from October 2 last year when the COVID cases subsided - taking note of the rising cases of COVID in what appears to be the third wave of the pandemic driven by the Omicron variant of Coronavirus.