The cause of action or part thereof must arise within the territorial jurisdiction of the District Forum for the complaint to be entertained.

Mr. Justice A.L. Bahri, President—The question of great significance and importance is involved in this appeal relating to territorial jurisdiction of the District Forum to entertain the complaint. The District Forum vide order dated 27.11.1996 dismissed the complaint filed by Mrs. Sucheta against Unit Trust of India holding that it had no territorial jurisdiction to entertain the complaint.

Mrs. Sucheta resident of Jalandhar Cantt. purchased 1500 master shares of Unit Trust of India from the secondary market. The same were despatched to M/s. M.M. Dastur & Co., an authorised agent of Unit Trust of India for effecting transfers. This was done in May, 1994. The complainant received bonus shares for 900 shares and the complainant is yet to receive bonus shares for 600 shares, i.e., 120 shares are yet to be received. Inspite of sending several reminders, she did not receive the bonus shares as stated above and thus she filed the complaint. Without getting reply from the Unit Trust of India of its agent, the District Forum dismissed the complaint holding that since the offices or Branch Office of the opposite parties were not situated within the territorial jurisdiction of the District Forum, the complaint could not be entertained.

2. Section 11 of the Consumer Protection Act refers to territorial jurisdiction of the District Forum where complaints can be filed. It reads as under :

"11. Jurisdiction of the District Forum— (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees five lakhs.

(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction—-

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or (carries on business or has a Branch Office or) personally works for gain, or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or (carries on business or has a Branch Office), or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or (carry on business or have a Branch Office), or personally work for gain, as the case may be, acquiesce in such institution, or

(c) the cause of action, wholly or in part, arises Clauses (a) and (b) of Section 11(2) as produced above of course provides for existence of head office or branch office of opposite party within the territorial jurisdiction of the District Forum to enable the complainant to file the complaint. However, in the present case, admittedly the opposite parties are not having Head Offices or Branch Offices within the territorial jurisdiction of District Forum, Jalandhar. It is Clause (c) of Section 11(2) which is for consideration. In case cause of action or part thereof has arisen within the territorial jurisdiction of District Forum, Jalandhar, the complaint could be filed therein.

3. Accrual of cause of action or part thereof depends upon bundle of facts and not on any solitary fact. The decision would have been entirely different, if the complainant had merely send his application for allotment of shares initially and it was at the Head Office of the Company that such application was to be accepted and shares allotted. Merely sending of the money through a Bank or otherwise from Jalandhar where complainant is residing, cause of action or part thereof would not have arisen there. Such a position has been clarified by the National Commission in Gaziabad Development Authority v. Smt. Sunita Garg (Revision Petition No. 163 of 1991) (NC) and also as held by U.T. State Commission in Sqn. Ldr. Gurdial Singh & Anr. v. United Land and Housing Ltd. Delhi & Ors., 1992 CPC 144. T