LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravish Koushlesh   07 September 2018

OYO ROOMS AND GO IBIBO hotel booking agents

Sir

the two major hotel booking platforms namely OYO and Go ibibo sometimes cheat its customers by confirming the booking against a property whose owner refuses the booking on spot.

The incidents are increasing day by day owing to cheap tacticts on part of hotel managers who dont care for the problems faced by customers.

When we want to file a suit against such acts in consumer forum the main problem is the juridiction of courts because hotels are mostly booked by distant living travelers.

Kindly guide how a complaint can be lodged in an appropriate forum without such hassels.


Learning

 8 Replies

kirti kabra   07 September 2018

to file a civil suit , it has been mentioned in the Cpc that the jurisdiction of the court depends on two criteria
pecuniary and territorial
and under territorial jurisdiction you can file a suit at the place where the offence happened or where the plaintiff lives
1 Like

Kumar Doab (FIN)     07 September 2018

Mr. Kirti Kabra has already posted from prespective of civil courts..

You can benefit from it.

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

 

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.

 

GO thru the same matter as decided by DCDRF, State Commission also..

Kumar Doab (FIN)     07 September 2018

 

The above judgment by NCDRC 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.

 

1 Like

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

 

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…

Ajay sharma   07 September 2018

AJAY SHARMA, ADVOCATE AT HIGH COURT AT J&K,

WE HAVE TO FILE AN LEGAL NOTICE IN THIS MATTER, I WOULD DRAFT IT YKU CAN CALL ME ON 09906298380......

Poonam (Member)     28 December 2020

Plz forward the url for the order from the Website of Supreme Court of India. Urgently required. Thanks in anticipation. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query