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Ayush (Advocate)     03 August 2010

Jurisdiction

Does a Consumer Forum in India has the jurisdiction to deal with the following case?

 

A supplier in Korea supplies goods for commercial purpose to any consignee in India. The goods are insured with an insurance company situated at Korea. This insurance company has mentioned on the policy that if any claim is filed that will be paid by a company situated at Kolkata India. Suppose the consignee has filed the case in Delhi against the three respondents, the company which is at Kolkata, the insurance company of Korea and the commission agent of the company at Kolkata.

 

The goods that was consigned from Korea, reached India in bad condition and in unusable condition. Consignee sued all these three respondents. The respondent argues about applicability of English Law.

 

Can you support your answer with any ruling of  State Commission or National Commission or that of SC



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 August 2010

If it is commercial purpose then you cannot file a consumer complaint.

N.K.Assumi (Advocate)     03 August 2010

This is important query. A person is not a consumer if he purchases goods for commercial or resale purposes, if so what constitute Commercial purpose? If a person purchase goods for commercial purpose or for resale for his livelihood is he not a consumer within the meaning of purchaser of goods?

niranjan (civil practice)     03 August 2010

Mr. Assumi, I think reply to your querry is in Explanation to sec.2(d) of CPAct.

N.K.Assumi (Advocate)     03 August 2010

Yes exactly, (d) "consumer" means any person who- (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or Question is what does it mean by exempting those resale or commercial purpose. Is he not buying goods?

Ayush (Advocate)     04 August 2010

i think you have not understood my query. The consignee in India purhcased goods for commercial purpose. He availed the services of the Insurance company and got the goods insured. The goods were received in bad condition. This means the insurance company has liabilty to pay the claim. the dispute is not regarding usage of the goods. it is for the insurance which the consignee has availed and they are now not paying any claim and defending by giving their written statement in which they have pleaded that the policy is subject to English law and Indian law has no jurisdiction to entertain the complaint.

the consignee runs its business in India, the policy was got done through commercial agent who is respondent no. 3. It is mentioned on the policy that if any claim arises, the company at Kolkata will pay the claim and now they are justifying by saying that the policy is subject to English Law. How come?


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