Supreme Court of India · 2011-08-09
ETHIOPIAN AIRLINES vs GANESH NARAIN SABOO
- Citation / case number
- SC 2004/8320
- Court
- Supreme Court of India
- Petitioner
- ETHIOPIAN AIRLINES
- Respondent
- GANESH NARAIN SABOO
- Author
- Dalveer Bhandari
- Bench
- DALVEER BHANDARI,MUKUNDAKAM SHARMA,ANIL R. DAVE
Judgment text excerpt
The Supreme Court addressed the issue of whether proceedings before the Consumer Forum constitute suits, referencing conflicting judgments in E.I.C.M. Exports Ltd. v. South Indian Corporation and Patel Roadways Limited v. Birla Yamaha Limited. The Court held that the Consumer Protection Act, 1986, specifically Section 13(4), limits the applicability of the Code of Civil Procedure, and that a foreign State or its instrumentality can claim sovereign immunity under the Act unless prior permission from the Central Government is obtained. The appeal was allowed, and the case was remitted to the State Commission for fresh consideration.