By S&S Co. Advocates & Solicitors · Published 19 May 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Section 69 of the Consumer Protection Act, 2019 provides that a complaint must be filed within two years from the date on which the cause of action has arisen, and the commission can condone delay for sufficient cause. In most cases the question is when the cause of action arose.
Where the defect or deficiency was apparent at the time of purchase or service, time ordinarily runs from then. Where a defect is genuinely latent, meaning it could not have been found with ordinary diligence, consumer commissions have generally treated the cause of action as arising when the consumer discovers the defect or reasonably could have discovered it. Continuing wrongs, such as a continuing failure to deliver possession or to rectify a defect, are also treated differently from a single completed act. The Supreme Court and the NCDRC have decided cases on these principles, and the result depends on the facts.
The rule on latent defects is not a licence to delay. A consumer who could have inspected earlier, or who noticed the problem and waited, cannot start the clock afresh. Construction defects, durable goods and similar products are typical examples where the discovery date matters.