territorial jurisdiction in consumer complaint case

Querist : Anonymous (Querist) 20 June 2011 This query is : Resolved
Respected members
I had purchased a maruti car from district A thereafter a problem occured in the engine but dealer extracted a sum of Rs. 85000/- as repair charge inspite that car was under warranty period, i filed complaint at Distt. B where Maruti have a sub dealer , now OP/Dealer has filed a Misc application seeking dismissal of my complaint on the ground of territorial jurisdiction ,kindly provide me any citation in which it was held that where OP have a sub dealer and carrying their business through sub dealer there is ample territorial jurisdiction.Thank

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PALNITKAR V.V. (Expert) 20 June 2011
In fact the warranty is given by the manufacturer and not by the dealer. The repairs are to be done by any agency authorized by the company. If the dealer has done wrong billing then the dealing agency and not sub agency i.e. sub dealer is liable to pay damages to you.Hence, complaint ought to have been filed at the place where cause of action arose. The dealer who extracted money is not the sub dealer. For that reason also the territorial jurisdiction seems to be right.

Querist : Anonymous (Querist) 20 June 2011
With due respect Sir
Dealer has repaired the car in his workshop and as i have heard , where Opposite party/parties carries their business even through agent servent/branch office etc there is territorial jurisdiction,in my case Maruti is manufacturer having sub dealer at Place B where complaint is pending kindly help plz

Devajyoti Barman (Expert) 20 June 2011
The case does not suffer from any jurisdictional error.
The Maruti having been carrying on business in the place where you filed the case through the sub dealer, the case is maintainable.
The CP Act makes a case maintainable even if the cause of action has not occurred in the particular but if any of the branch offices through which the service provider runs its business is situate there.