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Ajinkya Lad   08 August 2023

Consumer forum jurisdiction

whether a preliminary objection to jurisdiction of the consumer forum can be taken at the first date of matter.
opposite party is saying, the forum cannot entertain an application of preliminary objection of jurisdiction.

note: the complaint is barred by law


Learning

 4 Replies

Mr. Sumitra kumar (Advocate)     08 August 2023

@Querist,

 

Since this is a practical question, everything will depends upon the facts and circumstances of the case. What issues are involved is of primary importance upon which the jurisdiction of the consumer court shall be determined.

 

Thank you.

 

Note-Further reply shall be given based on my declaration on my profile page.

 

T. Kalaiselvan, Advocate (Advocate)     08 August 2023

You have all the rights to record your objection to the complaint made against you for the reasons you rely upon.

It may be preliminary or proper objections, but you are required to file the same on your next date of hearing.

Dr. J C Vashista (Advocate )     09 August 2023

You did not mention whether your objection is qua territorial or pecuniary jurisdiction ??? Be clear..

In case of territorial jurisdiction Consumer Protection Act, 2019 provides that the consumers can register their complaints at a place:

a) where all or

b) one of the opposite parties resides or

c) carries on business, or

d) the place of cause of action or where the complainant is residing or works for gain unlike the 1986 Act

 

Real Soul.... (LEGAL)     09 August 2023

If the issue is raised for want of jurisdiction the forum will decide that first 


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