2008 INSC 1700
                                    SUPREME COURT OF INDIA

                                           Ajit Dodagouda Patil

                                                      Vs.

                                          Sunderam Finance Ltd.

                                           C.A.No.5008 of 2008

                         (B.N. Agrawal, V.S. Sirpurkar and G.S. Singhvi JJ.)

                                                  07.08.2008

                                                  ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. After some arguments, learned counsel appearing on behalf of the appellant sought
permission to withdraw the complaint filed before the District Consumer Disputes Redressal
Forum [for short, "District Forum"] under the Consumer Protection Act, 1986, because this
Court expressed the view that such complaint was not maintainable. The prayer made on
behalf of the appellant is granted with liberty to him to move appropriate civil court by filing
properly constituted suit.

4. Since the appellant was bonafide prosecuting the case before consumer fora, which did not
have jurisdiction to entertain the complaint, we direct that, if along with the plaint an
application under Section 14 of the Limitation Act is filed, then the time spent in prosecuting
the complaint, i.e., time taken from the date of filing of the complaint till this date shall be
excluded for the purpose of computing the period of limitation.

5. In the result, the orders passed by the District Forum, State Consumer Disputes Redressal
Commission and National Consumer Disputes Redressal Commission are set aside and the
appellant is allowed to withdraw the complaint with liberty enumerated above.

6. The civil appeal is, accordingly, disposed of.

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