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NCDRC issues directions for computation of Limitation Period

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, 2020

The 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:

  1. 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).

  2. The period from March 15, 2020 to February 28, 2022 shall be excluded for computing limitation.

  3. 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.

  4. 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.

Source: Barandbench

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