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jagpal Singh (xyz)     27 January 2017

Jurisdiction of ebay e-tailer online shopping

Dear Learned Memebers

I bought one item on ebay and got trapped to take my refund from Ebay.  

I live in West Delhi. What is the TERRITORIAL JURISDICTION of Ebay  if I wish to file a case against Ebay in Consumer Forum.

Ebay has corporate office in Mumbai  but as you know it is online shopping so they deliver their services all over India through their Logistics partners like Bluedart, Fedex, Delhivery etc. They have also their call centers in Gurgaon, Gujrat, Mumbai etc

  1. .   The bare reading of Sec 11 (2) of CPA, 1986 make it clear —   “A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction —

 

  1. 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 carries on business or has a branch office or personally works for gain, or
  2.  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 carries on business or has a branch office, or 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 carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
  3. the cause of action, wholly or in part, arises”.

 

Please clarify.

 

 

 



Learning

 7 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     27 January 2017

Delhi District Forum (West), Janakpuri should  have territorial jurisdiction the contract having concluded in Delhi and part-performed where you reside. The decision in Spicejet Ltd. v. Ranju Aery is an elegantly delivered opinion on this issue. There are other decisions also but I prefer the reasoning adopted in the State Consumer Disputes Redressal Commission, Chandigarh in Ranju Aery.

--------------------------------------------

Spicejet Ltd. v. Ranju Aery 
State Consumer Disputes Redressal Commission, Chandigarh
https://indiankanoon.org/doc/53351355/

In the instant case, the complainant/appellant and her family members, purchased air tickets online, through internet from Chandigarh, for a holiday to Bagdogra. 
...
amount was paid through debit card. Money was transferred from a bank account of the respondent, situated in Chandigarh, to the bank account of the appellant, at Gurgaon, where headquarter of the appellant is situated. The said tickets which were purchased through internet, were delivered to the respondent, at Chandigarh.
...
it was argued by Counsel for the appellant that only the Consumer Forum at Gurgaon, has territorial jurisdiction, to entertain and decide the complaint.
...
 In the present times, the availability of goods and services, through the website at a particular place, has virtually become the same thing, as a seller having shops, in that place, in the physical sense. Besides as above, ordinarily existence of offer and its intimation, results in a contract and a suit can be filed at a place, where acceptance was communicated. Further more performance of a contract forms a part of cause of action and grievance can be redressed by filing a suit, qua its breach at a place, where contract should have been performed. It was so said by the Hon'ble Supreme Court of India in A.B.C. Laminart Pvt. Ltd. and anr. Vs. A.P. Agencies, Salem, 1989 AIR 1239=1989 SCR (2) 1, while interpreting the provisions of Section 20 (c) of the Code of Civil Procedure.
...
For the purpose of this discussion,  Section 13 (3) of the I.T. Act, 2000, reads thus:-

"Save as otherwise  agreed  between  the  originator and  the addressee,  an  electronic  record  is deemed to be dispatched at the place where the originator  has his place of business, and is deemed to be received at the place where the addressee has his place of business."
...
In the present case, offer was made to purchase air tickets through internet. It was accepted and tickets, through internet, were sent on payment of money, to the complainant, at Chandigarh. In terms of above provisions, it can safely be said that the air tickets would be taken to have been sent at complainant's place of business/residence. The acceptance of contract would also be deemed to have been communicated at the above place.
...
we can safely hold that, where contracts for services and/or goods are entered into over the internet (or online as such transactions are commonly referred to), then, for the purposes of consumer complaints, part of the cause of action arises interalia, at the complainant's place of business, if acceptance of the contract is communicated to her through the internet, including the medium of email. 

-----------------------------------------------------------------

Air Deccan v. Ram Gopal Agarwal
State Consumer Disputes Redressal Commission, Meghalaya
https://indiankanoon.org/doc/130317199/


Vinod Kumar vs Shoeb Merchant & Ebay India (P) Ltd. (Kerala SCDRC  Appeal No. 409/2006) This case too was one of online purchase and the learned State Commission, Kerala allowed the claim of the Complainant filed within its territorial jurisdiction where the Complainant resided and placed his order for a mobile set through the Opposite Partys website.

jagpal Singh (xyz)     28 January 2017

 @ Atul - Sir,  highly Obliged for this act of kindness.

Steven Martin   07 November 2017

Steve Martin

Kumar Doab (FIN)     07 September 2018

A complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.

To ascertaine jurisdiction of the consumer court look into following;

Pecuniary jurisdiction-on the basis of value or services, compensation claimed,

Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.

GO thru ; Consumer Court FAQ's - Consumer Forum

Published by the Govt..

Kumar Doab (FIN)     07 September 2018

You can benefit from post of Mr. Atul..

 

Also go thru;

National Consumer Disputes Redressal

Spicejet Ltd. vs Ranju Aery on 7 February, 2017

 

 

14.    In so far as the issue of territorial jurisdiction is concerned, the State Commission have aptly brought out in the impugned order that part of the cause of action arose at Chandigarh, because with booking of the travel tickets on the internet, the acceptance of the contract was received by the complainant through internet at his place of business/residence.  We have no reasons to differ with the view taken by the State Commission that the State Commission at Chandigarh had the territorial jurisdiction to handle the complaint.

Kumar Doab (FIN)     07 September 2018

The above NCDRC judgment is upheld by Supreme Court;

Diary Number                15120-2017                    ROP

Case Number                 SLP(C) No.-025206 - 2017             04-08-2017

 

CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE S. ABDUL NAZEER;

We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed. Pending application(s), if any, shall also stand disposed of.

 

Kumar Doab (FIN)     07 September 2018

There are many threads on similar query at LCI that you can search thru SEARCH option e.g;

Home/ Forum/ Civil Law

 

Consumer court jurisdiction

 

Home Forum Others

 

OYO ROOMS AND GO IBIBO hotel booking agents

 

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, seasoned employee’s/trade union leaders, consumer groups, NGO’s  and approach  a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Consumer/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments, IBR, etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..e.g; the evidences that you have,  etc  

There are such very able counsels at each location.

Check for such counsels at LOCAL Consumer/civil courts, HC, SC…


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