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august 1999

Supreme Court of India · 1999-08-24

FRANCO B. MARTINS vs MAFALDA MARIA TERESA RODRIGUES

Citation / case number
SC 1995/3488
Court
Supreme Court of India
Petitioner
FRANCO B. MARTINS
Respondent
MAFALDA MARIA TERESA RODRIGUES
Author
Saghir Ahmad R.P.Sethi
Bench
Saghir Ahmad R.P.Sethi

Judgment text excerpt

The Supreme Court held that the complaint filed by the respondent under the Consumer Protection Act was not barred by time despite being filed after seven years, as Section 24A, which prescribes a two-year limitation period, was only inserted on 18th June 1993. The Court clarified that prior to this amendment, no specific limitation period was applicable under the Act, and the Limitation Act, 1963 did not extinguish the right but merely barred the remedy. The Court upheld the directions for specific performance of the agreement, emphasizing the importance of the consumer's right to seek redressal despite delays in filing complaints.

FRANCO B. MARTINS vs MAFALDA MARIA TERESA RODRIGUES · Niyam