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2009 (10) TMI 887 - SC - Indian LawsWhether the expression branch office in the amended Section 17(2) of the National Consumer Disputes Redressal Commission, New Delhi would mean the branch office where the cause of action has arisen?
Issues:
Jurisdiction of Consumer Disputes Redressal Commission at Chandigarh under Consumer Protection Act, 1986. Analysis: The appeal was filed against the order of the National Consumer Disputes Redressal Commission (NCDRC) which allowed the respondent's appeal and set aside the order of the Consumer Disputes Redressal Commission at Chandigarh. The dispute arose from a fire incident at the appellant's godown in Ambala, leading to a claim for compensation. The NCDRC held that the Chandigarh Commission had no jurisdiction to adjudicate the complaint. The Supreme Court concurred with this view, emphasizing that the cause of action did not arise in Chandigarh as the fire occurred in Ambala, the insurance policy was from Ambala, and the compensation claim was also made in Ambala. The concept of 'cause of action' was explained, highlighting that facts giving rise to a right or liability must be connected to the jurisdiction where the case is filed. The appellant argued that an amendment in Section 17(2) of the Act in 2003 could allow the complaint to be filed in Chandigarh, where the insurance company had a branch office. However, the Court rejected this argument, stating that the amended section would not apply retroactively to the 2000 complaint with a cause of action from 1999. Even if the amendment applied, the Court interpreted it to prevent forum shopping and bench hunting. The Court held that the branch office mentioned in the amendment should be where the cause of action arose, departing from the literal words of the Act to avoid absurd outcomes. Therefore, since the cause of action was in Ambala, the State Consumer Redressal Commission in Haryana had jurisdiction to entertain the complaint. The Court dismissed the appeal, upholding the NCDRC's decision, and no costs were awarded.
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