State Commission has dismissed the complaint as barred by ‘Limitation’ by recording following finding:

“Coming to the first issue, the cause of action accrues from the time of default or deficiency in service.  In this case, admittedly, the cheques had been deposited in April-December 1986 and consequently, the credit advice had been cancelled on 2.2.1998.  Thus, the default, if any, on the part of OPs was at the time of either issuance of

the wrong credit advice or cancellation of the same.  Thus, at worst, the cause of action qua the OPs arose to the complainant on 2.2.98 and therefore, the complainant should have filed any complaint with regard to that within a period of limitation of two years. The complainant definitely does not have the liberty to continue to wait till a court order pointing deficiency in service on part of its agent and then take that date of decision as the accrual of the cause of action.  In this view of the matter, we are of the clear view that the complaint filed by the complainant on 23.12.2006 is hopelessly time barred.”

            We agree with the view taken by State Commission that the cause of action had arisen to the petitioner on 02.2.1998 and, therefore, the complaint field in the year 2006 was clearly barred by limitation.  Under Section 24 A of Consumer Protection Act, 1986 the limitation provided for filing the complaint is two years from the date of arising of cause of action.  Dismissed.