File consumer complaint within two years of the last cause of action

Identify correct court for filing complaint based on amount paid for goods or service

In a recent case (Pradip Sonavane & Anr. v. DSSD Infrastructure), the National Consumer Disputes Redressal Commission (NCDRC or National Commission) dismissed a consumer complaint against a developer as barred by limitation. 

The complainants, Pradip Sonavane and his wife, filed a consumer complaint alleging deficiency in service against DSSD Infrastructure and Shri Nandadeep Bhavan Co-operative Housing Society in relation to a redevelopment project. 

The complainants had entered into an agreement for sale on December 20, 2013, for the purchase of a flat. Possession of the flat was offered on August 31, 2016. The couple began residing there after 2024. 

The complainants alleged that the allotted parking space was defective (had an uncovered manhole and limited manoeuvring space). They also relied on a private architect's report dated August 28, 2025, alleging discrepancies in carpet area and construction deviations. 

The National Commission observed that possession was taken in 2016. It noted that the complainants had not raised any grievance regarding parking space or carpet area at the time of possession. The Commission rejected the complainant’s argument that the cause of action arose in 2025 based on the architect's report. The Commission held that the cause of action arose when they took possession in 2016. 

The Commission said that Section 69 of the Consumer Protection Act, 2019 mandates that consumer complaints must be filed within two years from the date on which the cause of action arises, unless sufficient cause is shown for delay, which was not established in the present case. 

Misjudging cause of action 

Limitation begins to run from the date on which the cause of action (material facts that give a person the right to sue) last arose. Cases must be filed within two years of that date. 

“Delay can be condoned only if sufficient cause is shown for not approaching the consumer commission within the prescribed limitation period,” says Manmeet Kaur, partner, Karanjawala & Co. 

Complaining in wrong forum 

Pecuniary jurisdiction depends on the actual value of the consideration paid. “The District Commission can entertain complaints where the consideration does not exceed ₹50 lakh; the State Commission where it exceeds ₹50 lakh but does not exceed ₹2 crore; and the National Commission where it exceeds ₹2 crore,” says Kaur. 

Improper drafting 

Many consumer complaints fail because complainants draft them as grievance narratives rather than legal pleadings. They fail to clearly state whether the issue involves a defect in goods, a deficiency in service, or an unfair trade practice. Vague allegations make adjudication difficult. 

“Many complaints also lack specific prayers such as refund, replacement, compensation, interest, or costs,” says Sukrit Kapoor, partner, King Stubb & Kasiva, advocates and attorneys. 

A strong complaint should present facts chronologically, clearly establish the legal ground, demonstrate that it falls within the two-year limitation period (or justify the delay), and conclude with precise, quantified reliefs supported by relevant documents. 

Poor documentation 

Missing records often lead to the dismissal of cases. Documents such as invoices, receipts, agreements, warranty or policy papers, and prior written complaints are essential. 

“In real estate matters, the builder-buyer agreement, payment schedule, possession letters, and correspondence on delay are crucial, particularly to establish limitation. Insurance disputes require the policy, claim papers, surveyor’s report, and repudiation letter. For defective products, repair records help establish the deficiency. Maintaining a clear paper trail — written complaints, acknowledgements, and transaction records — significantly improves the chances of success,” says Kapoor.

 

Name right entity in complaint

• Incorrect details (like address) of opposite party lead to unserved notices, delays
• Don’t sue brand name; sue contracting legal entity
• Identify contracting entity from agreement, payment records
• Implead all parties who received payments, made commitments

The writer is a New Delhi-based independent journalist