raj 19 May 2015

Where to file consumer suit?

Hi,

My Father wanted to relocate household goods from Bangalore to Delhi and since a transporter from Chennai had told him that their truck was coming he would give discount. Here is where my Dad made a mistake.

On the transporter's frequent calling, my Dad transferred 45 or 50,000 as full payment including money for transport insurance. After that also he requested more money. Not only did the transport never show up, not on that day or the next, but no insurance was ever taken. Despite repeated requests the transporter continues to avoid paying back by giving vague excuses( our transport ship sank ).

I wanted to know where can the consumer court be approached since the money transfer was through internet. Does it have to be Chennai as the transporter was there? Or can it be Bangalore as the goods were supposed to be transferred from there? Or Will the case have to be in Delhi as that is where the deal was negotiated. Or can it be filed anywhere among these two places. Am pretty sure there was no paper work involved.

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5 Replies

bsrao 19 May 2015

If your perm residence is at Delhi and the money is remitted from Delhi, then you can file in the Consumer Forum at delhi. It can be filed at Chennai or Delhi,

raj 19 May 2015

Sorry, I forgot to add this.

Our Permanent residence is at Bangalore

Dr J C Vashista (Advocate) 20 May 2015

Where the goods were delivered and/or corporate/registered office of transporter is the consumer fora to entertain the complaint.

T. Kalaiselvan, Advocate (Advocate) 21 May 2015

You can approach a consumer forum at bangalore for redressing your grievance as well as for refund of the money including damages.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 May 2015

Has the transporter got an office or a branch office in Bangalore? If so you can file in Bangalore though his main office or the office which handled your case was in Chennai. The goods were never picked up. So the question of delivery does not arise. As the goods were never picked up and they were to be picked up from Bangalore you can argue that cause of action arose in Bangalore and file the case in Bangalore. The transporter may argue that the case should be filed in Chennai. Your arguments will have to be strong.

You may also file criminal complaint under IPC-420