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Rajeev Bhargava (Director)     28 July 2013

Consumer court

Can any one comment on jurisdiction.  I live in Delhi and Bank  in whose name i need to file case in consumer forum is Gurgaon.  Can I file case in consumer forum where I live or to file in Gurgaon where the Bank office / branch  is



 7 Replies

Ad Amjad Ali (Advocate )     28 July 2013

You have option to choose form any side, Delhi or Gurgaon . However, The case will decide the merit what is cause of action and what  is remedy you ask.

Rajeev Bhargava (Director)     29 July 2013

in delhi all consumer court say go to GGn and file it there

Pl advise

Priyanka Sethi (None)     29 July 2013

I have sold a Canvas Painting through e.Bay.in (an online worldwide store) for Rs.1500/ . I did currier the painting in excellent condition to the buyer of my product .

It was supposed to reach the buyer within 2 to 4 days as I paid for Flight courier. Now please see the following points - 

1) It reached to the buyer after 10 days  after making lots of calls to courier agency

2) Buyer received the Painting broken into 12 pieces.

3)Buyer raised the  claimed and I had to pay back as per rules of e.bay.in 

4) I asked the courier agency for such delay in service and mishandling and they refused to answer any question and said its not our fault and said your item may not be properly packed.

5) I replied that If it was then you should have refused to take or should have guided us to properly pack. I asked my losses to pay back me Rs 1500 and Rs700 courier charges.

6) They are denying and even not answering my calls.

 

KINDLY GUIDE ME WHAT SHOULD I DO . I HAVE LOST MY PRODUCT , MONEY AND EVEN CUSTOMER AND REPOTATION IN E.BAY.

PLEASE ADVISE. THANKS

Advocate Bhartesh goyal (advocate)     29 July 2013

You have to file complaint before District Consumer  Redressal Forum Gurgaon.See sec 11 of the 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 [ 29 does not exceed rupees five lakhs 29 ].

(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 [ 30 carries on business or has a branch office or 30 ] personally works 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 [ 31 carries on business or has a branch office 31 ] 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 [ 32 carry on business or have a branch office 32 ] personally work for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

DR.SANAT KUMAR DASH (Eye Specialist)     29 July 2013

I agree with the Learned Advocate Bhartesh Goyal. So Submit your petition in the Gurgaon Consumer Forum for better decision.

Rajeev Bhargava (Director)     30 July 2013

Thank you   Now if I I buy goods on line and their office is in some remote village of kerala . i should go there to file case.  Like clear trip website operates from Mumbai , but their postal address given is coimbatore and I live in Delhi. so i should go to coimbatore

Suri.Sravan Kumar (senior)     10 August 2013

under C.P.Act complaint can be filed where Opp Party resides or has Branch Office to do business or cause of action wholly or partly arose. In your case if the Branch HO is situated in your area you can file. Pl note for administrative reasons Branch Office is dfferent from HO. You can also file leave petition to file complaint. The Supreme court in Sonic Surgical V/S National Insurance Co Ltd 2009 STPL (WEB) 123 SC2 clearly held that 'Inour opinion the expression branch office in amended section 17(2) would mean the branch office where the cause of action has arisen. For full judgement pl visit the site.


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