consumer forum case - jurisdiction.
nachiket
(Querist) 02 September 2009
This query is : Resolved
Facts in Brief :-
I am a person residing at Indore (M.P.) . I have booked 6 tickets for tour to Europe for me and my family with a travelling agency at indore at their office. The booking for the tour was done by me at their Indore office. All the payments were made at Indore office. All the correspondence were made and guidance were received at Indore Office only. The terms and conditions was also signed by me at Indore . The company is having their head office at Mumbai.
Query :-
At the time of booking , I have signed the ‘terms and conditions’ wherein it was mentioned that :-
“ It is agreed between the parties that in the even of a dispute or difference between the parties the exclusive jurisdiction shall vest in court / forum / tribunal in Mumbai alone having jurisdiction to decide the matter.”
I have filed the case at district consumer forum at Indore. The company have submitted case laws to show that the jurisdiction of the consumer forum is at mumbai due to the terms and conditions signed by me.
kindly help me and supply / intimate the case laws/ supporting etc. for it to have the jurisdiction at consumer forum , Indore where the cause of action arose.
Its urgent please
Regards and Thanks
nachiket
Indore
R.R. KRISHNAA
(Expert) 02 September 2009
Analysing the facts the cause of action has arising in Indore only. Hence your advocate can appraise the court clearly that the entire cause of action has arisen in Indore only and only Indore court have jurisdiction.
It is not open to parties to agree to vest the jurisdiction in a court which is not competent to entertain the suit.
Case law: 1961(2)MLJ 337
But since this is a consumer matter, I am not 100% sure whether the above judgment would apply.
Let us see what other experts have to say.
RADHA PYARI SRIPADA
(Expert) 02 September 2009
My experience in one case in Bangalore consumer court is that in a similar case the court admitted a case since cause of action has arisen in Bangalore irrespective of the fact that terms and conditions vested jurisdiction only in Delhi. Therefore, Indore court may also consider entertaining the case there since the cause of action has arisen in Indore. It ultimately depends on how the concerned court views this aspect. If at all the case is not entertained there, you may seek liberty from the court to withdraw the your complaint there and initiate the same in Bombay if situation demands so.
Adinath@Avinash Patil
(Expert) 02 September 2009
I Think Krishna made it clear,jurisdiction is only at Indore.
Sarvesh Kumar Sharma Advocate
(Expert) 03 September 2009
mr. nachiket,
"It is agreed between the parties that in the even of a dispute or difference between the parties the exclusive jurisdiction shall vest in court / forum / tribunal in Mumbai alone having jurisdiction to decide the matter.”
d above condition is applying upon who is making such condition not for other.
that mean if u want dn u can bound dm ,but they can't bound u .
in other way any terms and condition can never comes over INDIAN LAW.
and being law where cause of action arries d actual jurisdiction made there.
so wht r u waiting 4 file d case !
have a good day.
Bhumik Dave
(Expert) 04 September 2009
Agreed with Sharmaji.
