T.M. Hassan Pillai, President — The Consumer Disputes Redressal

Forum, Pathanamthitta accepting the preliminary objection raised by the first opposite party challenging the maintainability of the complaint on the ground that the complaint filed by the appellant as

OP No.67/03 was barred by limitation

dismissed that complaint and the appeal is sought to be filed questioning the

propriety of the order passed by the

Forum below.

2. The question that need be considered by us at this is whether any ground is made out by the appellant to admit the appeal.

3. The crucial question that is to be considered for answering the question above formulated (whether the appeal is to be admitted or not) is as to when the cause of action for filing the complaint before the forum below arose. Before dealing with that question it is profitable to extract here the observation made by the Hon’ble Supreme Court in two of its decisions rendered recently. In National Textiles Corporation Ltd. v. M/s. Han box Swalram1, Apex Court observed thus:

“Cause of action as understood in the Civil proceedings means every fact which, it traversed, it would be necessary for the plaintiff to prove in order to suppor