Re: jurisdiction of consumer court

SAM (Querist) 16 April 2014 This query is : Resolved
Dear Ld. Experts,

With regard to the above subject matter, Consumer has paid advance of Rs. 3,00,000/- to the Opposite party (Company located in Noida, Uttar Pradesh - 201301, India) for purchase of Solar Hot water system. After repeated follow up by the consumer through email, the company did not send the goods to the consumer. On account of non-performance by the Company, The consumer requested to refund the advance deposit transfer, but the company did not reply to the Legal Notice sent by Consumer (Residing in Mumbai) through Reg. Post A.D. to the Opposite Party (Company located in Noida, Uttar Pradesh - 201301, India.) on account of non-performance of service provided by the company to the consumer.

In the above case referred, in which court should consumer file the case?

Should the consumer file case in Mumbai (Consumer Court, 3rd Floor, Collector Office, Bandra Kurla Complex) or in Consumer Court located in Delhi?

Request you to kindly reply,

Thank you,

SAM

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Devajyoti Barman (Expert) 16 April 2014
The case should be filed where any of the offices of the company is situated.
Read section 11 of the Act again.

Advocate. Arunagiri (Expert) 16 April 2014
The consumer is having the choice of filing the case to the consumer forum covering his area of residence.

V.T.Venkataram (Expert) 17 April 2014
You have to file the dispute in
Consumer Forum is located at C-27, Sector 12, in Noida -Pin-201301 (U.P)
Or where the cause of action arose.
According to Section 11 of the Consumer Protection Act:-
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 1[ 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 1[ carries an business or has a branch office or] personally words 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 1[ 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 1[ 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.

Rajendra K Goyal (Expert) 17 April 2014
You can file either in at your place of residence or at the place company is situated.

ajay sethi (Expert) 17 April 2014
agree with experts

SAM (Querist) 17 April 2014
Thank you all Ld. Advocates/Experts for my query posted above.

K.K.Ganguly (Expert) 17 April 2014
The case can be filed at the district Consumer Forum at Mumbai where the cause of action arose i.e. the purchase order (written or verbal) was issued and payment was arranged by the Consumer, or

2. At the Consumer Forum at Delhi where the opposite party runs its business.