Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jurisdiction in consumer complaints

(Querist) 29 July 2013 This query is : Resolved 
This query is regarding Online purchases. In my case the dispute is about non-provision of retail invoice despite being promised of the same, when I purchased the item on www.ebay.in.
Now the situation is:
1. I live in odisha, Cuttack
2. Ebay and he seller are in Mumbai.
3. The item was delivered to me at Cuttack, Odisha

Then, under the circumstances, where should I file the complaint?
ajay sethi (Expert) 29 July 2013
is there any provision in contract about jurisdiction . does Ebay mention that in event of disputes jurisdiction would be at particular court only . if not then you can file complaint in Odisha too
Biplab Swain (Querist) 29 July 2013
Well I found the following in their website:
If any dispute arises between you and eBay during your use of the Website or PaisaPay or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, PaisaPay User Agreement and PaisaPay Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by eBay. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

However, Does Arbitration act, supercedes Consumer Protection Act?
ajay sethi (Expert) 29 July 2013
arbitration act does not supersede consumer protect act . you cant move courts for reliefs but have to refer dispute to sole arbitrator . consumer forum is an additional remedy available
R.K Nanda (Expert) 29 July 2013
go to arbitrator.
Biplab Swain (Querist) 29 July 2013
Nandaji/Sethi Sahab, Arbitrator means no case for me at all as I cant afford to go to Mumbai in any case. So was exploring if Consumer forum in odisha is available to me. Please advise
R.K Nanda (Expert) 29 July 2013
u can file complaint in consumer court in odissa also.
Biplab Swain (Querist) 29 July 2013
Thank You all for the advise.
Let me take it from here
prabhakar singh (Expert) 29 July 2013
THE CONSUMER PROTECTION ACT, 1986

section 3. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

R.K Nanda (Expert) 29 July 2013
ur welcome.
Advocate Bhartesh goyal (Expert) 29 July 2013
You can file complaint before District Consumer Redressal Forum cuttack [odisha]where cause of action partly or wholly arisen to you.
Dr. Jyothi Vishwanath (Expert) 29 July 2013
File in Odisha. If they have problem, let them raise in court.
Raj Kumar Makkad (Expert) 30 July 2013
No more to add in the given replies.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :