JUDGMENT : As per S.K. Kulshrestha, J. : - The appellant has filed this appeal aggrieved by the order dated 2-9-2009 of the District Forum, Gwalior in Case No. 323/2009 whereby the District Forum has dismissed the complaint on the ground that the District Forum, Gwalior did not have any jurisdiction. 2. Learned Counsel for the appellant submits that the policy was issued by the Branch Office of Gwalior and later correspondence has also been made with the Branch Office with the result the Gwalior Consumer Forum had jurisdiction. Counsel invited attention to Annexure C-4 addressed to Gwalior Bench of the respondent-Insurance Company. 3. Per contra learned Counsel for the respondent submits that they did not have any Branch at Gwalior at the time of institution of the complaint with the result the Gwalior Forum has no jurisdiction and the District Forum has rightly dismissed the complaint. 4. We have heard the learned Counsel for the parties and perused the record. 5. The only question that requires determination in the present case is as to whether there was any Branch at Gwalior at the time of the complaint was lodged. Learned Counsel for the respondent has invited attention to the affidavit filed by Shri Tushar Bendale wherein it has been clearly stated that there was no Branch at Gwalior. 6. Section 11 of the Consumer Protection Act, 1986 provides for jurisdiction of the District Forum. Clause (b) of sub-section (2) provides that the complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, 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. Clause (b) of sub-section (2) provides that the complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, 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. Clause (b) of sub-section (2) of Section 1 1 reads as follows : - "(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, - *** *** (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." 7. In the present case, there was no Branch Office at the time of the institution of the complaint which is the relevant date. Under these circumstances, the claim of the appellant was not tenable at Gwalior. The appellant shall be free to take recourse to such remedy as may be available to him. In case the appellant files a complaint to any other forum having jurisdiction, the time spent in pursuing these proceedings shall, be deducted from the period of limitation. 8. Accordingly, this appeal is dismissed but with no order as to costs.