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Sharad Mohan Krishna (AVP)     19 November 2017

Consumer court

Me and my sister had placed orders with an online retailer, ebay, whose regd office is at Mumbai. There are 2 queries: 1. Can we file a joint application, although the orders were placed separately from our respective accounts. 2. Can the case be filed here at Delhi?


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 6 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     20 November 2017

1. Since they are two separate transacions from two different ebay accounts, file two different consumer complaints since the cause of action in either would be independent of the other. As and when they do come up for hearing, you may request the consumer forum to hear both matters together.

2. If you've placed the orders from Delhi, made payments from Delhi, sought delivery of the order in Delhi, you can make a consumer complaint in Delhi. Mind you, it might be dfficult convincing the district consumer forum on territorial jurisdiction, but pace reliance on State Commission decion in Air Deccan v. Ram Gopal Agarwal  (2013) a beautiful exposition on territorial jurisdiction in online contracts.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2017

If the two claims are similar in all respects you can make a joint claim.  You have not mentioned what was the item and who was the actual manufacturer/supplier. You can name the manufacturer/supplier also as the opposite party. In case he has an establishment or service centre in Delhi the case can be filed in Delhi. I do not think territorial jurisdiction has been specified with regard to online transactions

Sharad Mohan Krishna (AVP)     21 November 2017

Thanks for your valuable time. Do you mean to say that these online retailers like flipkart, ebay, etc have no onus since they only connect buyers to sellers? The payment had been made to ebay only so logically ebay is liable. How am i concerned with the seller who was to deliver?  Why should I be harassing myself into making multiple parties accountable for a transaction which I made from EBAY.IN and had paid to them only. Thanks.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2017

Online retailer have very much the responsibility. What I say is that all those in supply chain starting from the manufacturer have the responsibility. You can list all of them as Opposite Parties. But for your own convenience of jurisdiction you target a convenient one among them.

Dr. Atul [9013898936] (Lawyer, Scholar)     21 November 2017

Originally posted by : Sharad Mohan Krishna
Thanks for your valuable time. Do you mean to say that these online retailers like flipkart, ebay, etc have no onus since they only connect buyers to sellers? The payment had been made to ebay only so logically ebay is liable. How am i concerned with the seller who was to deliver?  Why should I be harassing myself into making multiple parties accountable for a transaction which I made from EBAY.IN and had paid to them only. Thanks.

 

To begin with, yes, ebay is going to take the defence that the relationship between you and the seller was a principal-to-principal relationship. Ebay will thereby try to wash its hands off the entire transaction.

(b.) Make the seller a party too. It's very important; your entire case risks being thrown out if you don't make him an answering party. Ultimately it's how you draft your complaint that the case will turn out.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2017

If you mention more than one as the opposite paty, each one of them is jointly and severally responsible for the redressal of your grievance. Not one of them can escape.


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