Jurisdiction under consumer protection.
saurav
(Querist) 19 September 2011
This query is : Resolved
Last month i was shifted to bombay from delhi. For transport of i engage a transporter. The goods worth Rs. 1.5 lacs were to be delivered at bombay. Three days back i got a call from transporter that the truck met with the accident and the goods are damaged and i may identify them at given address. When i reached the spot i found that the goods have been totaly damaged.
Now when i asked the transporter he says i should claim insurance which is worti 50,000 only.
Now i want to file complaint at bombay under consumer protection.
* But the transport company has no branch office in bombay.
Now i have the following queries:-
1. Can i file complaint at bombay as the service was to be rendered here at bombay.
Plz help.
saurav
(Querist) 19 September 2011
Now the transporter is also forcing me to take the delivery of the damaged goods as the goods are now lying in open.
2. Should i take the delivery?
&
3. Can their be any police report filed with regards the above matter?
&
4. Wheter a notice before filing complaint is necessary?
ajay sethi
(Expert) 19 September 2011
your complaint will have to be filed before district consumer forum .
sec 11(2)of the consumer protection Act.
A complaint shall be instituted in a Dist., Forum whithin the local limits of whose jurisidction-,
a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institutin of the complaint, actually and voluntarily resides or (crries on business or has 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 (carries on business or has a brach office), or personally works for gain, provided that in such case either the permission of the DF is given, or the opposite parties who do not reside, or (cary on business or have 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
in your case since contract for transportation of goods was made in delhi , office of OP is in delhi you can file complaint in delhi .. however since part of cause of action has arisen in bomby as goods were to bedelivered in bombay you cna file complaint in bombay also
ajay sethi
(Expert) 19 September 2011
it is advisable to issue legal notice before filing complaint .you can take delivery of goods under protest and please mention that goods have been completely damaged .
prabhakar singh
(Expert) 19 September 2011
1.YES you can.
2. NO,not at all , if they are unusable;and should you take, take them under protest in writing expressly they are completely damaged and are of no use,might be in this course he may take the consignment note back hence preserve a scanned and photo copy thereof.BUT I DO NOT THINK WHY SHOULD GARBAGE BE CLAIMED BY YOU AS THAT IS VESTED WITH PERSON WHO HAS TO COMPENSATE,BE IT INSURANCE OR TRANSPORTER.
3.&4 you do not need filing any FIR that,but you need to serve transporter a notice[DESIRABLE ALWAYS BUT NOT MANDATORY] demanding damages caused in detail,for which better take help of a lawyer.Notice should be sent to one who booked at Delhi and also on one who is asking to take delivery at Mumbai by registered post A/D stating all fact clearly and chronologically with reference no.and date of consignment togather with amount claimed.
Sailesh Kumar Shah
(Expert) 19 September 2011
1. Yes
2. No
3. Yes, in daily diary
4. No, after receiving complaint, District Forum shall issue notice to the opposite party directing him to give his version of the case within a period of thirty days.
