Petitioner purchased the tractor in the year 2001.  He filed the complaint in 2005.  District Forum allowed the complaint and directed the respondents to hand over all the documents relating to the sale of the tractor i.e. the sale letter, bill form No.22 etc. necessary for registration of the tractor and awarded Rs.10,000/- as compensation and Rs.2,200/- toward litigation expenses.

        Respondent, being aggrieved, filed the appeal.  State Commission allowed the appeal, set aside the order of the District Forum and dismissed the complaint as barred by time.

State Commission has relied upon a judgment of the Supreme Court in V.N. Shrikhande (Dr.) vs. Anita Sena Fernandes – 2011 CTJ 1 (SC) to come to the conclusion that, a complaint filed after 2 years of the arising of the cause of action, could not be entertained by the consumer fora. 

We agree with the view taken by the State Commission.  In the present case, the cause of action had arisen to the respondent in the year 2001 whereas the complaint was filed in the year 2005 which was clearly barred by time.

Dismissed on the ground of delay as well as for non-prosecution for non-appearance of the counsel.