Ajit Dodagouda Patil
Vs. Sunderam Finance Ltd.  INSC 1324 (7 August 2008)
JURISDICTION CIVIL APPEAL NO.5008 OF 2008 (Arising out of S.L.P. (C) No.18475
of 2006) Ajit Dodagouda Patil ...Appellant(s) Versus Sunderam Finance Limited
...Respondent(s) O R D E R Heard learned counsel for the parties.
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
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 of the Limitation Act is ...2/- -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
The civil appeal is,
accordingly, disposed of.
Delhi, August 07, 2008.