What is valid cause of action date for considering barred by time limitation
5 years ago
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
Sunil Kumar Singh
Responded 5 years ago
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