Filing a case under consumer protection act
Ajay.T
(Querist) 06 July 2016
This query is : Resolved
Hi everybody,
One of my client who runs a mobile food canteen had entrusted the fabrication work(i.e.interior work) in respect of his food canteen (Generally called as food container) to one of the fabricator (a private Company) situated in Mumbai and all the work was done in Mumbai.The said work was delayed by several months. However my client has paid some advance and some money during the work was in progress and after the work was done which nearly amounted to Rs.5,00,000/- from his A/c in Goa.All the transaction was done through NEFT facility. However after when the work was done My client himself had to arrange for the transportation (since the fabricator did not co operate) and lifted the said container from Mumbai to Surath (Gujarath). After that, due to certain developments my client had to shift his family to Bangalore. while my client was in Bangalore (he is still in Bangalore), my client realised that the fabricator did a very pathetic job.The interiors were so bad that the hydraulic doors were not opening,, there is severe leakage,The welding in kitchen area had opened up,my client could not work in the kitchen with closed doors and the work was so poor that the employees were risking their life while working in the container.My client tried to contact the fabricator many times requesting him to repair the damages but the fabricator kept on postponing the issue for a long time i.e. from January, 2016 till April, 2016.Now he is not picking up my client's call.
Unfortunately my client did not enter into any kind of written contract with the said fabricator. Only proof is that payment was made through NEFT and proof in the form of e - mails for conversations held between my client and the fabricator.
My query are as follows:
1. will my client be considered as a
consumer under the Consumer protection
Act?
2. can I file a case under consumer
protection act in Bangalore against
the fabricator for doing such a poor
fabrication work since my client is
now situated in Bangalore and part of
the cause of action rose in Bangalore
or
3. Shall I advice my client to file a
case before the appropriate Authority
(i.e. Civil Court or the Consumer
Court)situated in Mumbai(where the
fabrication work was done and where
the fabricator's company is situated)
or in Goa(since the payment was made
from an A/c. situated in Goa) or in
Surath (place where the container was
originally meant).
Pls. advice me.
R.K Nanda
(Expert) 06 July 2016
Query too long.
R.K Nanda
(Expert) 06 July 2016
Query too long.
Ajay.T
(Querist) 06 July 2016
Yes Sir I do agree. The situation is little bit complexed.But without explaining in detail it is difficult to arrive at a concrete conclution.
Ajay.T
(Querist) 06 July 2016
Yes Sir I do agree. The situation is little bit complexed.But without explaining in detail it is difficult to arrive at a concrete conclution.
Devajyoti Barman
(Expert) 06 July 2016
Since running a canteen is a commercial activity his acts will not come under rigours of Consumer Protection Act.
Rajendra K Goyal
(Expert) 07 July 2016
Your client is not covered under consumer definition.
For civil case Bombay court has the jurisdiction as fabrication / contract / payment in account at Mumbai was made through NEFT.
Ajay.T
(Querist) 07 July 2016
Thanks everybody or your valuable suggessions. But one doubt is that since the container is in Bangalore and problems errupted in Bangalore can I avail the jurisdiction of Bangalore Civil Court?
Kumar Doab
(Expert) 07 July 2016
You can benefit from the advise of experts.
You need to engage a very able counsel to agitate.
Further your able counsel can guide you with considered opinion after examination of all docs and inputs.
