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ashok kumar (Social Worker)     05 June 2015

Initial objection of jurisdiction in consumer forum

Initial Objection of Jurisdiction in Consumer Forum

In a complaint filed in the Consumer Forum the defendant receives the notices. The complainant is a Public Limited company yet the forum has entertained the complaint against an individual by the company!!

Now is there any procedure in the forum by which the respondent can raise initial objections of Jurisdiction (For hearing the matter in the forum) or the respondent will have to undergo the ordeal of the entire process 



 3 Replies

Suri.Sravan Kumar (senior)     06 June 2015

petition can be filed U/S 11 of CPAct to decide the jurisdiction of the forum as priliminay issue. Before that you need to file formal counter taking objcetion on jurisdiction of the forum and to decide it as priliminary issue.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 June 2015

The answer does not pertain to the question. Section 2 (d) of CPA says "consumer means any person -----". As a Public Limited Company is not a person the Opposite Party should raise objection at the very outset. If the District Forum does not accept the objection of the Opposite Party, the OP should go on appeal to the State Commission.

jagannath v   01 January 2025

Senior Suri sir is correct. Petition to be filed to decide jurisdiction, not pecuinary, not territorial, but on the grounds that the commission CANNOT EXERCISE JURISDICATION,  subject to provisions of act. Say for example the facts of the case is highly disputed or the factual position is complex, or the issues  falls under jurisdiction of some Act,.......Then.... The proceedings in commission subject to provisions of the Consumer protection act, being summary in nature cannot exercise jurisdiction,   should be raised as a preliminary issue under section 11 of act 1986 or section 34 0f Act  2018  in the lines of Order 14 rule 2(2) CPC. 

SCI in karnataka power transmission v ashok iron , a company can be a consumer under the act

 

 


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