What would be the jurisdiction in the following matter and can you please provide any citation on the subject.
A Product was ordered online in 2006 at Delhi from a Bangalore based company, as a result a quotation was generated by Bangalore office and emailed to the consumer. Quotation referred to some website URL of online terms and conditions.
The quotation accompanied with Demand Draft was couriered to Bangalore office. As a result, the product was manufactured in Malaysia was delivered at Company's Delhi address through Bangalore Office by some company's local agent. The company didn't have any branch office at Delhi.
Now, the Opposite Party in reply challenges the jurisdiction of Delhi court and produces a print out (printed in 2010 from website) of terms, which says the courts at bangalore would have exclusive jurisdiction.
So where the jurisdiction would lie and whether the terms can be challenged otherwise also, as not belonging to year 2006. And how it can be proved, what terms existed in 2006.. as over a period of 5 years they may not be the same ?
Thanks in anticipation !
