Mr. Justice M.R. Agnihotri, President—In this appeal filed by the complainant-Laxmi Narain, the order of the learned District Forum, Hisar has been challenged on the ground, that even though the complainant had purchased the tractor from the respondent -M/s. British Motor Car Company, Hisar on 14th of June, 1989 and he approached the District Forum in September, 1992 i.e. after the expiry of the period of three years, yet the learned District Forum should not have dismissed the complaint as time barred, but should have allowed the same by reckoning the period of limitation after the expiry of one year of warranty period.

2. On the other hand, the learned Counsel of the respondent-Company has pleaded, that even the warranty period had expired after one year and within that period the complainant appellant did not bring the tractor at the workshop of the respondent to point out any defect. The first time the tractor was brought to the respondent’s workshop was on 13th of August, 1992 i.e. after three years of its purchase and therefore, his invoking the jurisdiction of the District Forum in September, 1992 was beyond the period of limitation.

3. After hearing the learned Counsel,