Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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pashyanti (legal manager)     19 August 2010

Jurisdiction of consumer court

Hi all, 

Pls. help me out in this matter. It's very urgent. It is regarding the jurisdiction of consumer court.I wish to file a complaint against an insurance company which is in Mumbai and the another complaint against a car dealer who is carrying his business from Pune. I'm in Aurangabad.

Pls. tell me under which consumer court's jurisdiction I can file a complaint on both companies?

Whether it is in Mumbai, Pune or Aurangabad?

 

Thanks in advance.

Regards

Pashyanti 



Learning

 5 Replies

sanjeev narula (advocate)     19 August 2010

you can file the suit where cause of action arose of where defendants resides or carry on business or trade in your case since the car dealer is based in Pune you should file in pune as the insurance company must be having its branch office in pune or if they raise objection then with the leave of the court    

pashyanti (legal manager)     20 August 2010

Thank you sir.

Pls. advise me further in the same matter.I had purchased a new car from dealer from Pune 4-5 months ago. In aurangabad, on one day when I was driving the car, there is heavily raining and the car came across the water filled road. On passing of 4-5 meters water filled road, my car was suddenly stopped on the road and could not start. Then i contact the Dealer and he took my car for repairing to Pune .On the next day, he told me that, the engine of the car was heavily damaged. Then I contact the insurance company, who reject my claim on the ground that its due to my negligence and they are not liable to pay for the same. 

Then again after few day, the insurance company agreed that it is not my negligence and they are ready to pay only for the parts damaged of the car but not the engine.Again I approach to the dealer and he told me that, he could not realise exact reason of damage of the engine of the car i.e. whether it damaged due to water or any other defect in the car.

My question is: In such circumstances, is the insurance company liable to pay the damages occured in the engine?

Shall i file a case against them in consumer court?

Pls. advise me as the amt. of the engine is very high.

Regards

Pashynati

R.Ranganathan (Director)     10 September 2010

yes you can file the case in the consumer court. A single case against both the insurance company and the dealer making them both liable jointly and severally. Insurance company is liable to compensate you against the guarantee/warranty offered by the car dealers. 

Shyam Ji Srivastava (Practising Lawyer)     05 October 2010

Dear Pashyanti,

You can move your case also in Aurangabad. Because cause of action arose in Aurangabad. if you want I can give you few citation in this regard. I am dealing with Banks, Development Authorities ec at Kanpur  (UP)

pashyanti (legal manager)     08 October 2010

Dear Shyam Ji,

I would be very greatful to you if you can send me the citations in support of my case.

Really, this can help me to win the case in the consumer court, so  the Insurance co. can also know very well their liabilities.

Thanking You.

Regards

Pashyanti


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