ashok kumar (Social Worker) 30 December 2016

Consumer law : jurisdiction in case of online purchases

Consumer Law : Jurisdiction in case of Online Purchases

With advent of online sale purchase, the Physical Offices has vanished.

And mostly the companies have only one Office and the deliveries are made by Courier

Suppose a Company having HO at Gurgaon puts up a product for sale online, a consumer from Kanyakumari makes an online purchase from this company. The company takes the money and does not deliver or leaves some other deficiency in Service

Where can the case be filed ??

Can the case be filed at Kanyakumaari?? Or it is to be filed at Gurgaon only (since the company has no Branch Office at Kanyakumari??

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5 Replies

Suri.Sravan Kumar (senior) 30 December 2016

case can be filed where the cause of action arose. If the payment is made from Kanyakumari you can file the complaint at Kanyakumari

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adv.bharat @ PUNE (Lawyer) 30 December 2016

Or where party carry his business or resides.

Kumar Doab (FIN) 30 December 2016

Agreed.

Consumer would like to file at his place so may prefer at Kanyakumari.

G.L.N. Prasad (Retired employee.) 31 December 2016

Now there are several amendments to CP Act and it facilitates for filing of the case and considering the address of consumer where payment has been made as cause of action.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 January 2017

With the advent of online trade the Consumer Law has to be amended. Also it must be made mandatory to give clearly the physical address of the portal and jurisdction for the purpose disputes under the Consumer Act. The consumer act should clearly say that the place of delivery of the goods will have the territorial jurisdiction.