Interest on Refunded Amount -- Limitation Runs from Date of Refund -- Cause of action for claiming interest accrues only upon actual refund, not from date of representation
(i) Limitation Act, 1963 -- Interest on Refunded Amount -- Accrual of Cause of Action -- The cause of action for claiming interest on a wrongfully collected amount accrues only upon actual refund of the amount, and not from the date on which representations for refund were made. Limitation for claiming such interest runs from the date of refund. (ii) Civil Procedure Code, 1908, O.2 R.2 -- Order II Rule 2 Bar -- Administrative Representations Not Institution of Proceedings -- A consumer cannot be said to have instituted proceedings before a Court or Tribunal merely by making administrative representations to the corporation seeking refund. Order II Rule 2 CPC, which bars relinquished or omitted claims from a subsequent suit, has no application where no legal proceedings were earlier instituted.
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