Jurisdiction in case of Consumer Forum
Guest
(Querist) 11 January 2011
This query is : Resolved
What would be the jurisdiction in the following matter and can you please provide any citation on the subject.
A Product was ordered online in 2006 at Delhi from a Bangalore based company, as a result a quotation was generated by Bangalore office and emailed to the consumer. Quotation referred to some website URL of online terms and conditions.
The quotation accompanied with Demand Draft was couriered to Bangalore office. As a result, the product was manufactured in Malaysia was delivered at Company's Delhi address through Bangalore Office by some company's local agent. The company didn't have any branch office at Delhi.
Now, the Opposite Party in reply challenges the jurisdiction of Delhi court and produces a print out (printed in 2010 from website) of terms, which says the courts at bangalore would have exclusive jurisdiction.
So where the jurisdiction would lie and whether the terms can be challenged otherwise also, as not belonging to year 2006. And how it can be proved, what terms existed in 2006.. as over a period of 5 years they may not be the same ?
Thanks in anticipation !
Devajyoti Barman
(Expert) 11 January 2011
Since the both the forums at Bnagalore and Delhi has got jurisdiction nad you by way of that agreement waaived the jurisdiction of the Delhi court, now only the Bnagalore court/forum has the juriisdiction. No agreement can impose jurisdiction on a court which has got no jurisdiction otherwise but it can surely waive the jurisdiction of one court when another also has got the same.
s.subramanian
(Expert) 12 January 2011
You have to refer to the terms and conditions signed by you in 2006. If there is a clause excluding the jurisdiction of the other courts than Bangalore courts,then you are bound by it.
Amit Minocha
(Expert) 12 January 2011
I disagree, for consumer protection act , the jurisdiction would be according to address of OP. for civil Court matter it can be invoked in Delhi also
Guest
(Querist) 12 January 2011
Thanks Experts, I really appreciate the replies...
Now, when the quotation just said Terms as provided on their website and "Complainants never signed any terms expressly". Above all, the terms as produced in the court by them were taken print outs in 2010...
1. How can they ever prove the same Terms existed in June 2006 also... when they can change the terms at their end at any time, as per their convenience !
Further, when Consumer Protection Act provides for the jurisdiction of District Forum under section 11, where the third option provides that "where the cause of action has arisen in whole or part".
2. How the jurisdiction in which the delivery of the product was made, can be ignored. How the terms can over rule law of the land ?
mintu
(Expert) 12 January 2011
Hey you can get the relief if u prove that the cause of action arises at delhi. Following is the relevant case law in your favour.
associated Road Carriers Ltd. v/s Kamlender Kashyap Citations: I (2008) CPJ 404 NC
Fact:
Clause 11 of the terms and conditions of sale provided that the Courts situated at Coimbatore city alone shall have the jurisdiction to try all or any dispute exclusively to the exclusion of all other Courts. Dispute arose. Dispute arose. Complaint filed before Hon’ble H.P. State Commission. Opposite Party took plea of the objection of territorial jurisdiction in terms of Clause 11. Issue reached before the Hon’ble National Commission.
The Hon’ble National Commission ruled that
The Clause 11 would not be applicable for consumer Fora is not a Court. Secondly, there is a difference in provisions of Section 11 of the Consumer Protection Act and provisions in Sections 15 to 20 of the CPC insofar as place of jurisdiction is concerned.
The cause of action had undisputedly arisen at Bilaspur, Himachal Pradesh and this would suffice to say sale confirmation letter would not be a bar in filing a complaint at Bilaspur. It may be mentioned that the provisions of Sub-section (2) of Section 11 could not be abridged by any agreement. If such an interpretation is put than the purpose of beneficial provisions of the Consumer Protection Act might be set at naught to a great extent for it would be difficult and cumbersome for a consumer to go to the distant place to contest the matter and to suffer more expenditure than what he would get.
Here is the full text of the case law
Guest
(Querist) 13 January 2011
Thanks a ton Mr Mintu, you made my day :)
