INDIAN AIRLINES CORPORATION Vs. CONSUMER EDUCATION AND RESEARCH SOCIETY AHMEDABAD

JUDGEMENT

(1.) In these two petitions filed by the Indian Airlines Corporation and Ors., the common question raised is whether a State Commission Constituted under the Consumer Protection Act, 1986 (hereinafter called the Act) can validly entertain a complaint against a Corporation and exercise jurisdiction to adjudicate upon it in a case where no part of the cause of action has arisen within its territorial jurisdiction merely because the Corporation has a Branch Office within the territory of the concerned State.

(2.) SECTION 11 of the Act deals with the jurisdiction of the District Forum. Sub -clause(2) thereof states : -

(3.) IF the principles incorporated in the above section read along with the Explanation thereto are to be applied, it is clear beyond doubt that where the defendant against whom a suit is proposed to be instituted is a corporation, the suit will lie only in the Court within the local limits of whose jurisdiction the sole or principle office of the corporation in India is situated except in cases where a cause of action has arisen at any other place where the corporation has a sub -ordinate office in which event the suit can be instituted in a Court within whose jurisdiction such sub -ordinate office is situated.