Heard learned counsel for the parties.
Leave granted.
After some arguments, learned counsel appearing on behalf of the
appellant sought permission to withdraw the complaint filed before the District
Consumer Disputes Redressal Forum [for short, “District Forum”] under the
Consumer Protection Act, 1986, because this Court expressed the view that such
complaint was not maintainable. The prayer made on behalf of the appellant is
granted with liberty to him to move appropriate civil court by filing properly
constituted suit.
Since the appellant was bonafide prosecuting the case before consumer
fora, which did not have jurisdiction to entertain the complaint, we direct that, if
along with the
plaint an application under Section 14 of the Limitation Act is
...2/-
is filed, then the time spent in prosecuting the complaint, i.e., time taken from the date
of filing of the complaint till this date shall be excluded for the purpose of computing
the period of limitation.
In the result, the orders passed by the District Forum, State Consumer
Disputes Redressal Commission and National Consumer Disputes Redressal
Commission are set aside and the appellant is allowed to withdraw the complaint with
liberty enumerated above.
The civil appeal is, accordingly, disposed of.
[G.S. SINGHVI] New Delhi, August 07, 2008.