Jurisdiction of district consumer forum
Pratul Nayak
(Querist) 09 April 2013
This query is : Resolved
Hi,
I took a country vacations membership in 10-12-2011 at Kovalam, Kerala. I paid through my wife's credit card (HSBC) and availed the 12 month EMI option ( this option is a tie up between the bank and country vacations). But after this I didn't get any service from them and not even the membership card.
After waiting for more than a year, I filed a consumer case in Bangalore as I am a resident of Bangalore as Country Vacation does has a branch in Bangalore.
In the last hearing their lawyer argued that the Bangalore District Forum does not have any jurisdiction over this case. I went through the Consumer Bare Act, Section - 11. In this section all the conditions are with (OR). So as per this Bangalore forum has jurisdiction as CV has a branch here in Bangalore.
I request the expert panel to help me in this as I am pursuing the case myself.
ajay sethi
(Expert) 09 April 2013
what is the clause in agreement entered into with the country club . does it mention in event of disputes subject to jurisdiction of courts at kovlam kerala only .
in the absence of such a clause bangalore would have jurisdiction as payment has been made by you in bangalore through credit card and you are residding in bangalore
Adv k . mahesh
(Expert) 09 April 2013
check the agreement clause jurisdiction before going further
Pratul Nayak
(Querist) 09 April 2013
Thanks for the response. In the agreement it is written that "It is agreed between the Parties herein that in the event of any disputes,claims or differences arising under the Present Purchase Agreement, the same shall be referred to ARBITRATION under the provisions of Arbitration and Conciliation act of 1996 and amendments thereof, by Arbitrator to be appointed by the COMPANY/I PARTY herein and the AWARD passed by the Arbitrator shall be final and binding on all partied here in and that the courts in Hyderabad and Secunderabad alone shall have Jurisdiction"
Regarding the Credit Card Payment:
I swiped the CC at Kovalam. But the monthly EMI payments were done from Bangalore.
Country Vacation Lawyers Argument:
1) This case should be tried at Kovalam.
2) The case is not maintainable at Bangalore.
The affidavit filed by Opposition Lawyer:
1) They have said that we have already used their facilities and after getting the service we have filed the case. Which is not correct.
2) They have not send the membership card because we have not provided photo and birth certificate. There was no such communication from their side.In fact they had sent the card when I was out of town and when I communicated with them through mail, they sent me a photo of the card through mail but after that I never got the physical copy.
3) In Feb we were planning to go to Kolkata and tried to avail their facility there but from there side there was no response.
Dear experts please let me know if you want more details? I have the next hearing after 10 days.
Devajyoti Barman
(Expert) 09 April 2013
If there are several places of jurisdiction then the parties may agree to limit to any one of these places. Such clause is perfectly valid and binding.
So check if there was any such clause in the agreement or not.
If not then you can file case from Bengaluru as well.
In spite of having arbitration clause the consumer case is maintainable. It is well established now.
Advocate M.Bhadra
(Expert) 09 April 2013
Where to file consumer complaint
The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
The case can also be filed in the city / state where the cause of action has occurred.
Consumer complaint can be filed in any of the following courts:
District Consumer Disputes Redressal Forum (DCDRF)
State Consumer Disputes Redressal Commission (SCDRC)
National Conumer Disputes Redressal Commission (NCDRC)
The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.
If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF
If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC
If amount is Rs. 1 Crore and above, case is filed at NCDRC
Pratul Nayak
(Querist) 10 April 2013
Thanks for the replies. I have gone through the consumer protection bare act, section -11.
As I am not a lawyer but pursuing the case myself, if the expert panel can refer to some similar case in the past, it will be a great help to me.
Thanks!
prabhakar singh
(Expert) 10 April 2013
For case laws you need googling as you are best aware of your detailed facts and can search a case covering squarely to your facts which we can not.
ajay sethi
(Expert) 10 April 2013
advisable to enagage a lawyer
