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Q. What is valid cause of action date for considering barred by time limitation

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Anonymous

posted 6 months ago

Q.What is valid cause of action date for considering barred by time limitation
My kid enrolled for a 3 year tuition course provided by a famous institute on Feb 2015. The entire fees was paid upfront.After a year my kid felt teh curse was not uptp the mark and discontinued on June 2016. I approached the institute for refund on 29 June 2016.After many communications, on 18Feb 2017, they refused to refund stating terms of enrollment. They had another term in the enrollment form which stated I need to seek arbitration before approaching legally. So on March 2nd 2017 I send an email asking for arbitration per their terms mentioned in the enrollment form. They refused to respond. I sent a final remainder asking for arbitration on March 10th 2017 but there was no reply. My query is if I go to consumer court now will I be barred by time limitation (of 2 years) since the cause of action for refund happened on 29 June 2016. OR can I plead for accrued and last cause of action till March 10th 2017 as the opposing party breached their own terms of agreement . OR should I pray for condonation of delay . Please advice . It will be helpful if you can provide any reference to sections of Consumer Act or previous judgements

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 6 months ago

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A. ) Dear client Yes you can,
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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Send legal notice through lawyer

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You have case within limitation, approach me immediately.

I could have explained more if background is known to me. I am at your service if you visit my office.

CLICK ‘like’ if satisfied or CLICK ‘Talk to Lawyer’ for further clarifications

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You have case within limitation, approach me immediately.
For full procedure contact me on mobile through Vidhikarya.
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https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
Get issue a legal notice and file a consumer case or move for arbitration through Civil Court.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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Anonymous

Replied 6 months ago

Sir, I will be filing a case in Consumer court but will it be barred by limitation is my query.

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