Clarification on section 11 of cpa 1986
Vidhyadhara PN
(Querist) 11 February 2014
This query is : Resolved
Dear Sir,
I have filed a case against one OEM car manufacturer for disowning warranty, untrade practices and deficiency of services in District Consumer forum Kolar.
The details are as below,
vehicle has broken down in less 5700 kms. It has warranty of 1,2 lakh kms or 3 years life period. During 5700 kms coverage, it has only 8 months lefe period.
Registration of Vehicle in Bangalore
Place of Purchase Bangalore
Consumer address : Bangalore
native of Kolar district.
While near kolar broken down. hence I filed a case in Kolar Forum under Section 11(2) (c) c) the cause of action, wholly or in part, arises..
Now the judge is telling after all the hearing and arguments, It has to be tried in Bangalore Jurisdiction. cause of action is not the breakdown place and it should be as per 11(2)(c). He said there is a recent Supreme court judgement and the no. being 2010(1) CPR 28 SC.
I could not get this copy.
Does any one is aware of superceeding this citation such that, i can continue the case in Kolar instead of transferrring.
Looking forward for your reply.
Best Regards
Vidhyadhara PN
9538994493
Devajyoti Barman
(Expert) 11 February 2014
Does the car manufacturer has any branch office at Kolar?
if yes then it is maintainable.
Rajendra K Goyal
(Expert) 11 February 2014
Sorry, citation is not provided in the section.
vinay kumar
(Expert) 19 June 2014
objection regarding territorial jurisdiction should be taken at the earliest opportunity or the same deemed to have been waived ; for your reference check Kurukshetra university v. vinay praksah verma, II (1993)CPJ 647.
I hope it may help you.
Regards
