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Vinay Khatri   09 January 2023

File complaint against Air India airways

my brother was coming from Australia to Delhi, after reached airport Delhi his luggage lost by air India airways after airways officials said him to return his luggage within 2-3 days after searching here and there, after 3 days he get call from air India that come to Delhi and collect your luggage from the counter , when he reached there collect luggage bags found that some items missing from the bags and bags locked also broken,


he residing in rohtak, now please suggest in which court jurisdiction case file against Air India . either in Delhi or rohtak jurisdiction??


Learning

 11 Replies

anubhav Bhatt   09 January 2023

Delhi is yours jurisdiction as per cause of action

Dr J C Vashista (Advocate)     10 January 2023

Consumer complaint can be entertained by Rohtak Consumer Disputes Redressal Commission also i.e., in addition to South Delhi Commission

1 Like

Vinay Khatri   10 January 2023

Thank you Bhatt & Vashista sir 🙏💐💐

Advocate Bhartesh goyal (advocate)     10 January 2023

Since cause of action to file complaint arose at Delhi so Delhi is jurisdiction to file complaint before Consumer Commission.

Sudhir Kumar, Advocate (Advocate)     10 January 2023

criminal case at Delhi.

 

consumer case can be filed at Delhi or the place from where the ticket was book (if in India)

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 January 2023

1 Like

Vinay Khatri   10 January 2023

thnq Rama chary sir ji.. for providing such a great online file complaint system..

Dr J C Vashista (Advocate)     11 January 2023

The Consumer Protection Act, 2019 provides that the consumers can register their complaints at a place where all or one of the opposite parties resides or carries on business, or the place of cause of action or where the complainant is residing or works for gain unlike the 1986 Act (which mandated filing of a complaint by the complainant at a place of residence or business of the respondent only), thus increasing the scope of territorial jurisdiction.

The ultimate objective behind this is to remove the difficulties and problems faced by the consumers in seeking redressal against businesses.

R.K Nanda (Advocate)     14 January 2023

delhi court has jurisdiction to try and decide the case.

Dr J C Vashista (Advocate)     15 January 2023

The consumer protection act, 2019 replaced the Act of 1986 to adapt to the changing environment.

The new Act includes, in its ambit, e-commerce transactions.

The act has also modified the definition of the complainant to include a parent or legal guardian in case the complainant is a minor.

Certain significant amendments have been brought by the 2019 Act, with respect to the Consumer Redressal Forums, including terrritorial jurisdiction which reads as:

Territorial Jurisdiction 

The Consumer Protection Act, 2019 now provides that the consumers can register their complaints at a place where all or one of the opposite parties resides or carries on business, or the place of cause of action or where the complainant is residing or works for gain unlike the 1986 Act (which mandated filing of a complaint by the complainant at a place of residence or business of the respondent only), thus increasing the scope of territorial jurisdiction. The ultimate objective behind this is to remove the difficulties and problems faced by the consumers in seeking redressal against businesses.

Sudhir Kumar, Advocate (Advocate)     15 January 2023

firrst let the queries decide whether he want (i) consumer case ; or (ii) criminal case; or (iii) both


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