In short. Under section 69 of the Consumer Protection Act 2019, a consumer complaint must be filed within two years from the date on which the cause of action arose. A commission may admit a later complaint if the complainant shows sufficient cause for the delay, but it must record its reasons for condoning it. Reminders and legal notices do not restart the two years.
Limitation is the one objection a commission must examine even if the company never raises it. A complaint with a strong case on merit can be dismissed at the first stage because it was filed a few months late, and a delay application drafted in two lines rarely saves it. Getting the date right before filing is cheaper than arguing about it afterwards.
This post covers only time: when it starts, what stops it, and how delay is excused. How to file is in our post on filing a consumer complaint online on e-Jagriti, and the wider consumer practice is described on our page on consumer and competition laws.
- Law
- Consumer Protection Act 2019, s.69
- Time limit
- 2 years from the date the cause of action arose
- Late complaint
- Admitted only for sufficient cause, with reasons recorded
- How to ask
- Application for condonation of delay, with affidavit
- Appeal limits
- 45 days to State Commission, 30 days to NCDRC
- Covid period
- 15 March 2020 to 28 February 2022 excluded
What is the time limit for filing a consumer complaint?
Two years. Section 69(1) of the Consumer Protection Act 2019 says the District Commission, the State Commission and the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. The same limit applies at all three levels, whatever the amount involved.
Section 69(2) then allows a complaint to be entertained after two years if the complainant satisfies the commission that he had sufficient cause for not filing within time. The proviso adds a condition that matters in practice: no such complaint shall be entertained unless the commission records its reasons for condoning the delay. That is why the delay has to be explained properly in writing, not mentioned in passing.
The Act uses the word "shall". In State Bank of India v B.S. Agricultural Industries (2009), the Supreme Court held, on the identical provision in the 1986 Act, that a consumer forum must itself check whether a complaint is within time before going into merits, even if the opposite party has not objected. A complaint filed late without a condonation application can be dismissed on that ground alone.
When does the two-year period start?
The two years run from the date the cause of action arose, which means the date on which you first had the right to complain because the company did, or failed to do, the thing you are complaining about. It is not the date you bought the product, and it is not the date you finally lost patience. It is the date of the wrong.
For most disputes that date is easy to fix once you look for a written act by the company: the letter repudiating the insurance claim, the email refusing the refund, the job card recording that the car cannot be repaired under warranty, the date by which a service was promised and not provided. Where there is no such document, the commission will look at when a reasonable person in your position knew that something had gone wrong.
A point Advocate B.K. Singh often makes to clients is that the company's final refusal is usually the best starting point, because it is the date the company itself put in writing. If the complaint is filed within two years of that letter, the argument about earlier dates becomes much harder for the company to make.
When the clock usually starts, by type of complaint
These are the dates commissions most often treat as the start of limitation. Facts can change the answer, so treat this as a starting point.
| Type of complaint | Usual start of the two years | Watch out for |
|---|---|---|
| Insurance claim rejected | Date of the repudiation letter | A later rejection after a genuine review may be argued as a fresh date; a mere reminder is not |
| Flat or plot delivery delayed | Delay treated as continuing until possession is offered or refund made | Once possession is offered or taken, time for later claims usually runs from then |
| Defective car, appliance or phone | Date the defect appeared and the seller or maker refused to repair or replace | Each failed repair visit is not a fresh start |
| Medical negligence | Date the patient knew, or should have known, of the negligence | Discovery later than treatment must be explained with records |
| Unauthorised bank debit or card fraud | Date the bank finally rejected your dispute | Ombudsman proceedings in between should be shown with dates |
| Refund refused (coaching, airline, e-commerce) | Date of written refusal, or the date the refund fell due | Polite follow-up emails do not move the date |
| Service not provided at all | Date by which it was promised | If the company kept assuring delivery in writing, keep those messages |
Flat buyers have an additional forum, the RERA authority, with its own approach; see our post on RERA or consumer court for a flat buyer.
What is a continuing cause of action in consumer cases?
A continuing cause of action exists where the wrong is not a single act but a state of affairs that goes on every day, so that limitation does not begin until it stops. The common example is a builder who has taken the price and not delivered the flat: commissions have generally treated the failure to hand over possession as continuing, so a buyer is not shut out merely because the promised date was more than two years ago. The same reasoning has been applied to a builder's failure to obtain the occupancy certificate or execute the conveyance.
The idea is often stretched too far. A single refusal does not become continuing because its effects continue. An insurer that rejected a claim three years ago has not repeated the rejection every morning since, and a hospital's surgery in 2022 is not a continuing wrong because the patient still suffers. Commissions distinguish between a continuing wrong and the continuing effect of a completed wrong, and only the first keeps time open.
If your complaint depends on a continuing cause of action, say so expressly in the complaint and explain why, and still file a condonation application in the alternative. Relying on the argument silently is how complaints are dismissed at admission.
Do reminders, legal notices or representations extend the limit?
No. Sending reminders, emails, complaints to customer care or a legal notice does not restart or extend the two years. The Supreme Court has said in several cases, under the old and new Acts, that a complainant cannot extend limitation by continuing to write letters after a clear refusal. A legal notice is useful evidence and often produces a settlement, but it does not buy time.
The position is different where the company itself reopens the matter. If an insurer, after repudiating, formally reconsiders the claim on fresh documents and issues a new decision, the later decision may be argued as the relevant date. The commission will look at whether there was a genuine fresh consideration or only a form reply repeating the earlier refusal. Keep the documents that show the company's own reopening.
Written admissions by the company also help. An email from the builder acknowledging the amount due, or from the seller promising replacement by a fixed date, may be relied on to show that you waited because of the company's assurance, which is a recognised ground for condoning delay.
Time spent before the Ombudsman, RERA or a civil court
Consumers often go first to another forum: the Insurance Ombudsman, the RBI Ombudsman, a RERA authority, a civil court, or a wrongly chosen consumer commission that returns the complaint. Time spent pursuing a remedy in good faith before a forum that could not finally decide it is usually treated as sufficient cause for delay, on the principle behind section 14 of the Limitation Act 1963.
That principle does not apply automatically. You must show that you pursued the other remedy diligently and in good faith, give the dates of filing and of the final order, and file the consumer complaint promptly after that forum closed the matter. A delay of a few weeks after the Ombudsman's award is easy to explain; a delay of a year after it is not.
If you are choosing between forums for an insurance dispute, the comparison in our post on an insurance claim rejected and whether to go to the Ombudsman or consumer commission takes this timing into account.
The provisions and rulings on limitation
Section 69(1), Consumer Protection Act 2019
No commission shall admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
Section 69(2) and its proviso
A complaint may be entertained after two years if the complainant satisfies the commission that he had sufficient cause for not filing within time, and the commission must record its reasons for condoning the delay.
State Bank of India v B.S. Agricultural Industries (2009)
The Supreme Court held that the limitation provision is peremptory: the commission must examine whether the complaint is within time even where no objection is taken, and a time-barred complaint cannot be decided on merits without condoning the delay.
Supreme Court's Covid limitation orders (Suo Motu Writ Petition (Civil) 3 of 2020)
The period from 15 March 2020 to 28 February 2022 is excluded in computing limitation for judicial and quasi-judicial proceedings, and where limitation would have expired in that period, at least 90 days from 1 March 2022 was allowed. This now matters mainly for older disputes.
Sections 41, 51 and 67, Consumer Protection Act 2019
Appeals have their own limits: 45 days to the State Commission, 30 days to the National Commission and 30 days to the Supreme Court, each with power to condone delay for sufficient cause.
What counts as sufficient cause for delay?
Sufficient cause means a reason that actually prevented you from filing in time and that a reasonable person would accept. Grounds that commissions commonly accept, if supported by documents, include serious illness or hospitalisation of the complainant or a close family member, a death in the family, pursuit of another remedy in good faith, the company's written assurances that the problem would be fixed, late discovery of the defect or negligence, and delay in obtaining records the company itself held, such as hospital files or claim documents.
Grounds that rarely succeed on their own include being busy with work, not knowing the law, waiting for the company to respond after a clear refusal, and delay by a previous advocate without any detail. They are not always fatal, but they need something more: documents, a short period of delay, or conduct by the company that contributed to it.
Courts have said repeatedly that "sufficient cause" should be read in a way that advances justice, and that a meritorious claim should not usually be shut out for a short, explained delay. They have also said that this liberal approach does not help a party who was negligent or who offers no real explanation. The length of the delay matters: three weeks needs a simple explanation, three years needs a very strong one, covering the whole period.
How to draft a condonation of delay application
The application is filed with the complaint and supported by an affidavit. Commissions in Delhi and Uttar Pradesh usually decide it before issuing notice on merits, so it deserves the same care as the complaint itself.
Calculate the delay exactly
State the date the cause of action arose, the date two years expired, the date of filing, and the number of days of delay. Commissions distrust applications that say "some delay" or give a round figure. If you say the complaint is within time but file the application as a precaution, say that too.
Explain the whole period
Give a dated account from the cause of action to the date of filing, not only the last few months. Gaps in the narrative are what the opposite party attacks. Where nothing happened for a period, explain why honestly.
Attach proof for each reason
Medical certificates and discharge summaries, death certificates, the Ombudsman's complaint and award, the company's assurance emails, RTI replies, or the date you received records. An unsupported reason is treated as no reason.
Show diligence
Show what you did as soon as the obstacle was removed: the legal notice sent, the documents collected, the complaint drafted. A prompt filing after the obstacle ends is persuasive.
Address the merits briefly
Commissions are more willing to condone delay where the claim is plainly genuine. One paragraph showing the strength of the case, with reference to the annexures, helps the commission see what it would be shutting out.
Swear the affidavit carefully
The affidavit must support every fact in the application. If a relative was ill, the relationship and dates must match the certificates. A false statement in a delay affidavit can sink the whole case.
Prepare for the opposite party's reply
The company will usually be heard on the application. Be ready with any further documents, and be ready to accept a reasonable condition such as costs if the commission proposes it.
Documents that support a delay application
Dates of the dispute
- Purchase invoice, policy, agreement or booking
- The company's refusal, repudiation or last written reply
- Legal notice and reply, with postal or courier proof
- Customer care tickets and grievance docket numbers
Reasons for delay
- Medical certificates, admission and discharge summaries
- Death certificate of a family member
- Transfer orders or proof of absence from the city
- Emails from the company promising action
Other forums pursued
- Ombudsman complaint and award or closure letter
- RERA complaint and order
- Civil suit plaint and order returning it
- Order of the consumer commission returning the complaint
Records obtained late
- Hospital records with the date of the request and the date received
- RTI applications and replies
- Expert opinion and its date
- Bank or insurer's documents supplied late
A made-up example: the insurance claim and the Ombudsman detour
Here's a made-up example. Mr Arora's health insurance claim for a surgery is repudiated by letter dated 5 January 2024, on the ground of non-disclosure. On 20 February 2024 he complains to the Insurance Ombudsman. The Ombudsman's office holds a hearing and on 30 November 2024 declines to award, saying the dispute needs evidence beyond its summary process. In early 2025 Mr Arora is himself admitted to hospital twice for a cardiac condition. He files a consumer complaint before the District Commission on 15 March 2026.
Two years from the repudiation expired on 5 January 2026, so the complaint is 69 days late. His delay application gives the full chronology: the Ombudsman complaint filed within six weeks of repudiation, the nine months it was pending, his own hospital admissions with discharge summaries, and the legal notice sent in January 2026 once he recovered. It argues in the alternative that the Ombudsman period should be excluded on the principle of section 14 of the Limitation Act, in which case the complaint is within time.
The insurer argues that the Ombudsman route was optional and that the complainant waited too long after it. The commission, on these facts, would have good reason to condone a delay of 69 days with documented illness and a good-faith detour, perhaps with modest costs. If the same complaint had been filed in 2027 with no medical records, the outcome would likely be different. The example shows why the chronology and the documents, not the length of the argument, decide these applications.
How does the commission decide the delay application?
The commission usually takes up the delay application first, at the admission stage or soon after notice, and hears the opposite party on it. State Commissions, including the Uttar Pradesh State Commission, have set aside District Commission orders that heard limitation and merits together without first deciding the delay application, because section 69(2) requires the delay to be condoned, with reasons, before the complaint is entertained.
If the delay is condoned, the complaint proceeds like any other, and the opposite party cannot reopen limitation at the final hearing. Commissions sometimes condone delay on payment of costs to the opposite party, which you should pay on time. If the delay is not condoned, the complaint is dismissed as time-barred without a decision on merits.
When Advocate B.K. Singh's office prepares a complaint that is close to the two-year line, the delay application is drafted first, before the complaint itself, because writing out the chronology often shows that the true cause of action date is later than the client thought, and sometimes that no delay exists at all.
What happens if your complaint is dismissed as time-barred?
An order refusing to condone delay and dismissing the complaint can be appealed. From a District Commission, the appeal lies to the State Commission within 45 days, as explained in our post on appeal against a District Consumer Commission order. The appeal will turn on whether the District Commission applied the right test and considered the documents, so the record you built in the delay application becomes the whole case.
A consumer complaint is not the only remedy for most disputes. A civil suit for recovery of money has its own limitation under the Limitation Act 1963, usually three years for money claims from the date of breach, though counted under different rules from a consumer complaint. Civil proceedings are slower and involve court fees, so they are a fallback, not a first choice; our post on limitation periods for civil suits explains how those periods are counted.
Strict time limits that bind the company too
Limitation is not only the consumer's problem. Once a complaint is admitted, the opposite party must file its written version within 30 days of receiving notice, extendable by up to 15 days. In New India Assurance v Hilli Multipurpose Cold Storage (2020), a Constitution Bench of the Supreme Court held, under the corresponding provision of the 1986 Act, that commissions have no power to extend this period beyond the 45 days. Commissions have applied the same approach under the 2019 Act.
Companies sometimes miss that deadline, and the complaint then proceeds without their written defence. If you are the complainant, keep a record of the date notice was served and point out a late reply at the next hearing. If you are a business served with a consumer complaint, diarise the 30 days from the day the notice arrives, not the next date of hearing.
Common mistakes about consumer limitation
- Counting from the purchase date. Time runs from the wrong, not the purchase. People sometimes think they are out of time when they are not.
- Counting from the last reminder. The opposite mistake: assuming every follow-up email restarts the two years. It does not.
- Relying on continuing cause of action without saying so. If your case depends on it, plead it expressly and file a delay application in the alternative.
- A two-line delay application. "The complainant was busy and could not file" is not an explanation. Give dates and attach proof.
- Leaving gaps in the chronology. Explaining six months of a fourteen-month delay invites dismissal. Account for the whole period.
- Waiting after the Ombudsman. A good-faith detour helps only if you file promptly once that forum closes the matter.
- Ignoring the Covid exclusion for old disputes. For causes of action around 2019 to 2022, compute the excluded period before concluding the complaint is late.
Delay in filing an appeal
The appeal limits are much shorter: 45 days from the date of a District Commission order to appeal to the State Commission, 30 days from a State Commission order to the National Commission, and 30 days from a National Commission order to the Supreme Court. Each can be extended for sufficient cause, and the same principles apply, but commissions tend to be stricter about appeals because the party has already had a full hearing.
The time runs from the date of the order. Delay in receiving the free copy of the order is a reason for condoning delay, not a reason to assume the time has not started, so note the date of pronouncement and check the commission's website for the uploaded order rather than waiting for it to arrive by post.
What to do this week if you are near the two-year mark
- Find the company's written refusal or the date the service fell due, and write it down as your provisional cause of action date.
- Count two years from it and diarise a filing date at least a month earlier.
- If the date has passed or is close, list every reason for the delay with dates and collect the supporting documents.
- Check whether the period from 15 March 2020 to 28 February 2022 affects your computation.
- Gather the complaint documents in parallel; do not wait to finish the delay application before drafting the complaint.
- If another forum such as the Ombudsman or RERA is pending or has just closed, note the filing and closing dates.
- Send a legal notice if one has not gone, but do not wait for its reply period to run if limitation is about to expire.
When to get the papers checked
Limitation questions are easier to answer early than late. If you are within a few months of two years, or already past it, an advocate can fix the correct date, decide whether to plead a continuing cause of action, and draft a delay application that stands up to the opposite party's objections. The practice on our page on the consumer court practice in Delhi covers complaints before the Delhi, Noida and Ghaziabad commissions.
If you want the dates checked before you file, the team of Advocate B.K. Singh at B.K. Singh & Associates can read the correspondence and tell you whether the complaint is within time. Send the papers through our online legal enquiry form, or read more about Advocate B.K. Singh's practice on his profile page.
Frequently asked questions
What is the limitation period for a consumer complaint in India?
Two years from the date on which the cause of action arose, under section 69(1) of the Consumer Protection Act 2019. It applies equally to District, State and National Commissions. A complaint filed later needs an application for condonation of delay.
Can a consumer court accept a complaint after two years?
Yes, if the complainant shows sufficient cause for the delay and the commission records its reasons for condoning it, under section 69(2). The explanation must cover the whole period of delay and be supported by documents. Without a delay application, a late complaint is usually dismissed.
Does sending a legal notice extend the limitation for a consumer complaint?
No. A legal notice, reminders and complaints to customer care do not restart or extend the two years. They are useful evidence and may lead to settlement, but the date of the original refusal or breach still governs limitation.
When does limitation start for a rejected insurance claim?
Usually from the date of the insurer's repudiation letter. If the insurer genuinely reconsidered the claim on fresh material and issued a new decision, the later date may be argued. Time spent before the Insurance Ombudsman in good faith is generally a ground for condoning any resulting delay.
Is delay in possession of a flat a continuing cause of action?
Commissions have generally treated a builder's failure to hand over possession as a continuing wrong, so limitation does not run while possession is withheld and no refund is made. Once possession is offered or taken, time for later claims usually starts. Plead this expressly in the complaint.
What is a valid reason for condonation of delay in a consumer case?
Commonly accepted reasons include serious illness, a death in the family, pursuing another remedy in good faith, the company's written assurances, and late discovery of a defect or negligence. Each reason must be supported by documents. Being busy or not knowing the law rarely succeeds on its own.
How many days of delay can a consumer commission condone?
There is no fixed maximum. A short delay with a documented reason is commonly condoned, while a long delay needs a much stronger explanation covering every period. The commission weighs the length of delay, the reasons, the complainant's diligence and the apparent merit of the claim.
Can the commission dismiss a complaint as time-barred if the company does not object?
Yes. The Supreme Court held in State Bank of India v B.S. Agricultural Industries (2009) that the forum must itself examine limitation. Even if the opposite party is silent or absent, a late complaint without a condonation order can be dismissed.
Does the Covid period count for consumer complaint limitation?
The Supreme Court excluded the period from 15 March 2020 to 28 February 2022 for computing limitation, with at least 90 days from 1 March 2022 where limitation expired in between. This matters mainly for disputes that arose from about 2018 to early 2022.
What is the time limit to appeal a District Consumer Commission order?
45 days from the date of the order, to the State Commission, under section 41. The State Commission can admit a later appeal for sufficient cause. An appellant who has been ordered to pay must also deposit 50 percent of the amount.
Is limitation different for medical negligence complaints?
The same two-year rule applies, but the cause of action is usually taken from when the patient knew, or should reasonably have known, of the negligence. If the negligence was discovered long after treatment, explain the discovery with medical records and dates.
What can I do if my delay application is rejected?
You can appeal the order to the State Commission within 45 days. Depending on the dispute, a civil suit may still be within its own limitation period, though it is slower and involves court fees. Get the dates checked before choosing.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.