The limitation is  years but If it is recurring cause of action then it extends. You can rely on that judgement and at then most file complaint within 2 yrs from date of rejection of earlier complaint 

Even your remedy of appeal was applicable before state commission that fime

Sir/Ma’am

If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can file 3 separate complaints in Thane consumer forum 

2) limitation period can be counted from date of dismissal of earlier complaint in 2024 

According to the Consumer Protection Act, even if a consumer complaint is initially rejected due to technical reasons, the limitation period for filing a new complaint remains the same - two years from the date the cause of action arose; meaning you must file a new complaint within two years of the incident that led to the complaint, regardless of the previous rejection. 

The "cause of action" is the date on which the deficiency in service or defect in goods occurred, marking the starting point for the two-year limitation period.

Even if your first complaint was rejected due to a technical error in filing, the time limit to file a new complaint does not extend.

While the general limitation is two years, always consult the specific consumer forum where you are filing your complaint to ensure you are adhering to their guidelines.

You are within limitation as from 2018 to 2024 period of limitation is suspended. You can file fresh complaints on same cause of action complying with objections taken by registrar of State Commission.

1. Yes, as the cause of action against the three is different , then you should file separate complaint against each of the parties. 

2. The opportunity must be given by the Court at the time of dismissal , otherwise you should withdraw the cases with the opportunity to refile the case 

- However, the limitation can be run from the date of filing of the complaint before the first forum.

3. If rejected then you can approach the higher commission against the said order .

(i) Filing Three Separate Complaints Under the 2019 Act in Thane Consumer Court

Yes, you can file three separate consumer complaints under the Consumer Protection Act, 2019, in the appropriate Thane Consumer Forum if the cause of action is still within the limitation period. However, two key factors must be considered:

• 
  Jurisdiction: Under the 2019 Act, you can file the complaint where the complainant resides (Thane), unlike the 1986 Act, which primarily required filing at the place of business of the opposite party.
• 
  Cause of Action: Since the earlier complaint was dismissed on technical grounds (multiple causes of action against multiple parties), you can refile separately, provided limitation is not a hurdle.

(ii) Whether the Limitation of Two Years Runs from the Date of Dismissal of the First Complaint in 2024

• The general principle in consumer cases is that the limitation period of two years runs from the date of the cause of action, i.e., when the deficiency in service or defect in goods was first noticed.
• However, you are referring to the Supreme Court's ruling in Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co., where it was held that when a complaint is dismissed on technical grounds, the limitation period can restart from the date of dismissal if the complainant was bona fide litigating.
• You may rely on this judgment to argue that the fresh complaints are within limitation from the date of dismissal in 2024.

(iii) If the Limitation of Two Years from Dismissal is Not Applicable, What Would Be the Limitation?

If the consumer forum does not accept the argument under Indian Evangelical Lutheran Church Trust Association case, then the standard limitation of two years from the date of cause of action applies.

• If the original deficiency in service or defect was discovered before 2018, the limitation may have already expired unless you can show continuing cause of action (e.g., persistent deficiency, failure to provide service).
• You can also seek condonation of delay under Section 69 of the 2019 Act, if you can prove sufficient cause for delay in refiling.

Suggested Action:

• File the complaints separately in Thane Consumer Court and mention the dismissal order from the State Commission as a reason for delay.
• Cite Indian Evangelical Lutheran Church Trust Association case to justify why the limitation should restart.
• If the court does not accept this argument, request condonation of delay under Section 69 of the 2019 Act.

It would be best to consult a consumer law expert for precise drafting of your complaint to avoid technical dismissals again.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

1. Can you file three separate complaints under the 2019 Act in Thane?

   • 
     Yes, you can file separate complaints against each party in Thane, provided jurisdiction criteria under the Consumer Protection Act, 2019 are met (i.e., cause of action arises there, or the complainant resides there).
   • Ensure each complaint is within the pecuniary limits of the concerned consumer court.

2. Can you consider a fresh 2-year limitation from the date of dismissal (2024)?

   • 
     Yes, as per the Supreme Court ruling in Indian Evangelical Lutheran Church Trust Association vs Sri Bala & Co., when a case is dismissed on technical grounds, a fresh limitation period starts from the date of dismissal.
   • If your 2018 complaint was dismissed without adjudicating on merits, then you may have 2 years from the 2024 dismissal to refile.

3. What if the 2-year limitation does not apply?

   • The original limitation of 2 years from the cause of action may still apply unless you can argue that the first filing paused the limitation period.
   • You can cite case law and seek condonation of delay under Section 69 of the 2019 Act if needed.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

You may wait for the orders to be passed by the commission. 

The citations provided by you may not suit your situation and also the reasons stated for condonation of delay is not convincing. 

Anyways you may wait for the court to pass an order. 

You ought to have mentioned number of days of delays in your application for condonation  of delay 

on case adverse order is passed file appeal before state commission 

Now nothing remains you can only wait for orders and file a appeal in state commission on various grounds 

Dear Client,

Filing Separate Complaints Under the 2019 Act in light of the fact that the first complaint was dismissed by the competent authority on technical grounds (that, the number of causes of action is multiple), fresh complaints may be filed separately. Complaints under Section 34 may be taken up by the Thane Consumer Court, where the jurisdiction allows for the filing of complaints at the place of residence of the complainant, under the provisions of the Act.

But the claim would have to fit under the pecuniary jurisdiction as specified in the 2019 Act. Limitations for Refilling The judgment in Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co. indicates that the limitation period should be computed from the date of dismissal of the first complaint, provided the original complaint was filed in time.

If the first complaint was dismissed during the year 2024, then it is also open for a two-year period after such dismissal to renew that cause of action anew. Subject to Limitation Computation of either two years from such dismissal or if that is not acceptable, from the very beginning date of the cause of action itself, computation of limitation would be according to Section 69(2) of the 2019 Consumer Protection Act. This means that the complaints would need to be filed within two years of the day this cause of action originally arose unless the period is extended under Section 69(2) by showing good cause for the delay. For all practical purposes, therefore, it is better to file the complaints fresh at the earliest, of course complying with jurisdictional and pecuniary requirements under the 2019 Act.

Apprehension of Adverse Order The commission has reserved the order, and the other party has relied on M/s. TDI Infrastructure PVT. Ltd. vs. Amitabh Nangia, where the Supreme Court ruled that even a single day's delay cannot be condoned. Thus, there remains a possibility that the order may be construed as one being against you. Lack of specification regarding computation of delay in your application may also weaken your position.

Legal Remedies in Case of Adverse Order If the order is against you, by way of grounds of challenge, you are further covered by Section 47 of the Consumer Protection Act, 2019, under which you can file a revision petition at the State Commission, challenging the rejection of condonation of delay. This is where you can cite the ruling of the Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co.; such citation will further strengthen your arguments.

Addressing Precaution Margins Immediate application for a certified copy of the adverse order must be made, followed by filing a revision petition within 30 days. In the revision petition, very clearly compute the period of delay, hammer on the bona fide nature of your case and lack of negligence, and demonstrate the applicability of Section 14 of the Limitation Act.

Await the order and act quickly on filing a revision with stronger arguments if it is found against you. Remember to cite good case laws for support and compute delay property.