KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

           APPEAL:90/2010

                             JUDGMENT DATED:08..03..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

Alex Zacharia,

S/o Late M.C.Zacharia,

604 Beechwood Road,

Willow Grove, PA 19090, USA,                        : APPELLANT

Repd. by his Power of Attorney-

Santhosh Joseph, S/o Late K.B.Joseph,

1/1897, Sea side, North Beach Road,

Kozhikode.

(By Adv:Sri.Shyam Padman)

          Vs.

1.State Bank of India, Corporate Centre,

Mumbai, Repd. by its Chairman.

2.The Branch Manager,

Thrippunithura Branch, Thripunithura,

Ernkulam-682 301.

                                                                           : RESPONDENTS

3.The Regional Manager,

State Bank of India, Regional Business-

Office, Ernakulam.

4.Chief General Manager,

State Bank of India, Local Head Office,

S.S.Kovil Road, Thiruvananthapuram,

PIN-695 001.

                                     JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appeal is filed over the order in CC:15/09 in the file of CDRF, Kozhikkodu.  The complaint will stands dismissed on the ground that it should have been filed within the jurisdiction of CDRF, Ernakulam as the cause of action has arisen at Ernakulam.  We find that the Supreme Court in Sonic Surgical Vs. National Insurance Co. Ltd. (2009 (4) KLT SN 56 (SC) )as held that the complaint has to be filed in the Forum within the jurisdiction of  which the cause of action has arisen despite Sec.17 (2)(a) of the C.P.Act.   Sec.11 are in parity with sec.17.  In the circumstances we find that there is no illegality as such in the order of the Forum.  As pointed out by the counsel for the appellant the Forum has dismissed the complaint.  The Forum ought to have returned the case to the complainant for filing before the appropriate Forum.  Hence the order of the Forum dismissing the complaint is setaside.  The Forum is directed to return the complaint to the appellant with direction to file the same before CDRF, Ernakulam.  The period spent before CDRF, Kozhikkodu will not be counted for the purpose of limitation. 

The office is directed to forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.