Law: Punjab Consumer Protection Act, (II of 2005)

Section: 33,25,28(3)(4)30

Law: Limitation Act, 1908

Section: 5

(a) Punjab Consumer Protection Act (II of 2005)---   ----S. 33---Limitation Act (IX of 1908), S.5---Appeal---Condonation of delay---Deceiving by respondent--- Effect--- Consumer filed appeal against decision of Trial Court beyond period of limitation---Consumer sought condonation of delay on the ground that after decision of Trial Court, respondent-company approached him and promised that he would be compensated by providing 250 bags of seed of maize and thus they deceived consumer and let the limitation period expire---Validity---Explanation extended by consumer in order to seek condonation of delay caused in filing of appeal did not appeal to sense and such plea had never been recognized as justification for condonation of delay in filing of some legal proceedings---High Court declined to condone delay, as consumer failed to justify delayed filing of appeal--- Appeal was dismissed in circumstances.    (b) Punjab Consumer Protection Act (II of 2005)---   ----Ss.25, 28 (3) (4) 30---Consumer protection---Claim---Limitation--- Consumer purchased seed of maize on 11-12-2007 and used the same in the month of June, 2008, but claim was instituted before Consumer Court on 7-10-2008 and notice was issued on 21-9-2008---Consumer Court partly allowed claim filed by consumer and directed company to provide him 250 bags of maize seed---Validity---Starting point of period of limitation provided for filing of claim before Consumer Court was accrual of cause of action and if in particular background of the matter, cause of action was accrued to consumer in the month of June, 2008, when crop was harvested, institution of claim before Consumer Court was beyond limitation---Consumer purchased 250 bags of maize and out of the same 248 bags were consumed and used by consumer and subsequently challenged quality of whole purchased lot only by producing two bags and that too without any proper seal over the same---Not certain that either the bags contained seed, were in fact originally filled by the company or after de-sealing the same by consumer, those were refilled by some substandard seeds by consumer to create a circumstance to justify the claim---Consumer…

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