Place of filing complaint in a consumer case

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  • #1725

    Anonymous
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    A product is sold by a company which is located in Mumbai. I bought it in Delhi from the company’s office in Delhi. Where should I file the case of consumer complaint in Delhi or Mumbai? [Note: Value paid by me is Rs. 75,000.]

  • #1754

    You can file the case in Delhi, since it is clear from the facts stated by you that the company has its (branch) office in Delhi. Otherwise, also, at least a part cause of action has taken place in Delhi. It should be filed in the District Consumer Forum in Delhi (within the appropriate district in Delhi) keeping in view the value of the product.

    It is noteworthy that Section 11(2) of the Consumer Protection Act, 1986, lays down the rule as to which District Forum has jurisdiction for a consumer complaint:

    “(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 4[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.”

     

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