Jurisdiction of Internet purchases
Biplab Swain
(Querist) 27 August 2009
This query is : Resolved
Being a Lazy and avid internet user seems to have landed me in all kinds of E-troubles!
I'm a ebay User. Recently I purchased three items from a seller in Delhi through Ebay. The Ebay issued me an E-bill acknowledging the Payment and the Seller's Mobile No. and Email ID and my Postal address where the items were to be delivered.
On receipt, I found that the seller had sent only two items of which one is defective.
I informed the seller and as per his advice sent the defective product back for replacement. Also sent him the courier packing for his verification of the packing.
All communication for last one month are history now.(I do have copies of the same)
The latest is that the seller neither sent the missing item, nor the replacement of the defective item till date.
Now the question is, if I can file a Consumer case in Orissa(where the product got delivered). Does this case fall in my jurisdiction?
It is pertinent to mention that the seller never sent any invoice, even after repeated requests, hence I dont have any idea, if he as any cnditions about disputes.
To complicate the matter, Ebay.in is refusing to provide their postal address for any Legal notice as it was they who received the payments on the sellers behalf for the products and are the direct interactor with me.
Y V Vishweshwar Rao
(Expert) 27 August 2009
You can file a Consumer case at your place where the itmes are agred to be delivered and delivered/defective - payments from your place and delivery at your place - part of transaction took place at your place file case in your local Jurisdiction Court .
B.B.R.Goud.
(Expert) 27 August 2009
the complaint can be filed either at the place of delivery or complainant's place or the seller's place.
first preference can be given to file at your place where the product was delivered.
Biplab Swain
(Querist) 27 August 2009
Thanks a lot for your replies. I was wondering why cant the Judicial system be as prompt and fast as you people reply? Thanks once again.
A V Vishal
(Expert) 27 August 2009
My learned friends have suggested right solution to your problem. With regard to suing ebay, I suggest you kindly go through the terms and conditions for members viz vendors and purchasers about the liability of the website. You can also file a case of cheating against the person who has sold you the items.
Kiran Kumar
(Expert) 27 August 2009
Mr. Rao and Mr. Vishal have advised correctly.
if the litigants are aware of their rights and willing to assert them, then the system also runs at a gr8 pace.
A. A. JOSE
(Expert) 27 August 2009
Your case is a typical one regularly observed. You may move a consumer complaint.
Bhumik Dave
(Expert) 28 August 2009
U can file complaint in either ur's jurisdiction or seller's. But 1st u visit the ebay site and collect information of seller. U also file a criminal case under section 420 for cheating.
