SABHARI SPINNING MILLS LTD Vs. REGIONAL MANAGER TRANSPORT CORPORATION OF INDIA

JUDGEMENT

(1.) This appeal is by the complainant who has suffered dismissal of his complaint on the ground that the District Forum had no jurisdiction to entertain the complaint. The 1st opposite party is the Transport Corporation of India Ltd. The 2nd opposite party is a Branch Office of the 1st opposite party. The complaint has been filed in the District Forum, Chennai (South ). The cause of action has admittedly arisen in Sulurpetta, Nellore, Andhra Pradesh or Malegaon in Maharashtra or in both the places. Certainly the cause of action has not arisen in Madras but the complaint has been filed in Madras. According to the complainant in Madras within the jurisdiction of the District Court, Madras (South) there is a Branch Office of the opposite party Company and therefore the complaint can be filed in the said District Forum. This was not accepted by the District Forum. Relying on an order of this Commission in The Special Officer, Tamil Nadu State Co-operative Bank Ltd. V/s. K. P. Krislinaswamy Naicker and Ors., 1996 1 CPJ 47, the District Forum held that even though there is a Branch Office of the opposite party within the jurisdiction of the District Forum, Madras (South) the complaint is not maintainable in the District Forum, Madras (South ). This is apparently an error. A reading of Sec.11 of the Consumer Protection Act clearly shows that a complaint can be filed in a place where even a Branch Office of the opposite party Company is situated irrespective of where the cause of action has arisen. The facts in the decision relied on by the District Forum are entirely different. Therefore the order of the District Forum returning the complaint to be presented to a proper Forum is not correct.

(2.) In this view of the matter, we set aside the order of the District Forum and remand it to the District Forum for disposal of the matter on merits. There will be no order as to costs.