Consumer protection act

Consumer case can be filed at the plce where opposite party resides or carries on business or where cause of action partly or wholly arises.In your case you have received the goods at your place and paid the amount  at your place and most important thing is that it came in your notice at your place that goods are defective so cause of action to file complaint arises at your place so you can file the complaint at your place.See sec 11[2] of act 

11. Jurisdiction of the District Forum

(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction-

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 1[carries on business, or has a 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 1[carries on business or has a branch office, or personally works for gain: PROVIDED that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 1[carry on business or have a 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.

The Consumer Protection Act, 1986 was enacted by the Parliament of India is a social welfare Legislation for the better protection of the interests of Consumers.   Reading  of the Section 11 of the C.P. Act, 1986 (a) (b) (c) clearly in favour of the Opposite parties and not in favour of the Consumers. I do agree with you that most the Consumers were not able to file cases against the defective Goods manufactures, deficiency of service providers as Section 11 (a) (b) (c) of C.P. Act, 1986 is biased that favours Opposite parties  and not  the Consumers. I request the Members of the Parliament of India to suitably amend Section 11 (a) (b) (c) to where the Consumers reside at the time of consumer dispute arose or where the cause of action, wholly or in  part arises,  A  Complaint shall be instituted in a District Forum, State Commission, National  Commission. Till amendment of Section 11 (a) (b) (c) of C.P. Act, 1986 the Consumers are handicapped  to file Consumer dispute in their place of residence unless part of cause of action arises.

thanks for your valuable comments..one thing i would like to ask whether is it necessary to send legal notice to opposite party before filing a case in consumer court or not? or can i directly file a case?

can anybody do anything to bring in the notice of govt. of India about the required amendments in consumer protection act?

Jago India Jago

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