I got installed 3KW domestic solar system from an MNRE approved firm located at Ghajiabad for my house located at Dist. Yamunanagar in Haryana. having some dispute I filed a case with Dist. consumer court at my residence place Yamunanagar. In his reply the vendor has stated to the court that consumer cannot file a case with Yamunanagar since the vendor does not have office at Yamunanagar. I, on the other hand have the version that since the vendor has accepted to work for gain at our place so the case can be filed in Yamunanagar jurisdiction.
Kindly justify my view point.
The territorial jurisdiction of a District Consumer Forum is laid down in Section 11(2) of the Consumer Protection Act, 1986, which is as under:
“(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 carries on business or has a branch office or 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 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
(c) the cause of action, wholly or in part, arises.”
From your question, it appears that the solar system has actually been installed at your residence in Yamunanagar district of Haryana by the said respondent firm and the payment also might perhaps been made at that place. Installation of the solar system might perhaps have been a part of the transaction. If so, the cause of action arose in Yamunanagar, if not wholly then at least in part, and accordingly, in view of clause (c) of Section 11(2), it should be possible to file the consumer complaint in Yamunanagar District Forum.
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