Jurisdiction of district consumer forum

What is the meaning of each of the Opposite Parties? Does it mean each and every one of the Opposite Parties? This is poor English. Clause 11.2. (b)  and (c) can apply to your case.

Sub-clause (b) can apply if the Forum agrees.

Your position is stronger under sub-clause (c). The cause of action in your case did not arise when you purchased the instrument contrary what the Opposite Party lawyer claims; the cause of action was the inability of the authorized service centre to repair your instrument. Until then there was no need for you to approach the Forum.  Hence you can very well advance this argument in your favour under sub-clause (c).

What is the present status of the case? Was there a hearing after the Opposite Party lawyer presented his argument? If not you should present your argument as a written affidavit before the next hearing starts and also orally present your case effectively at the hearing.

Who is the "applicant" mentioned by the lawyer?

First of all thanks for your reply.

To answer your questions -

1) What is the present status of the case? Was there a hearing after the Opposite Party lawyer presented his argument? - Hearing is scheduled for Next week and so.

2) If not you should present your argument as a written affidavit before the next hearing starts and also orally present your case effectively at the hearing --> Will be doing that and for that only I need experts comments ( like you).

Who is the "applicant" mentioned by the lawyer? --> This was bit confusing to me also, but I guess the lawyer is referring to me as applicant.

Few points to add , I have found few technical faults as well in his application/request for rejecting my case like -

1) Spelling of my name is incorrect in his application/request.

2) The application/request is neither signed by the lawyer nor by the opponents he is representing .

3) He has filed the application/ request for cancellation on behalf of 2 opponets ( on behalf customer service head and  manufacturer  ) but the concluding/ending line has only text as Your sincerely OP2 i.e manufacturer  only.

Can I take benefits of these technical faults as well and if yes till what extent it will help ( will it just allows to get another date for fixing technical faults ) or some other kind of impact I can show .

Please respond .

from your contents it can be understood that the company is taking stand to defend itself through all possible and available opportunities.  However, you can argue yourself stating that the opposite party (company) neither replied nor complied with your demands in the legal notice but now they are trying to fill up the lacunae through such false and misleading statements.  The provision for filing such cases as per jurisdiction and question about its per contra was not raised by the forum itself hence there is nothing wrong in it.

1) Spelling of your name: This is of lesser consequence.

2) Absence of signature This is a valid point.

3) This also makes the application (by the lawyer deficient).

You can certainly take advantage of these deficiencies.

After you submitted your complaint, you alone would have been called for the first hearing when the Forum would decide whether your complaint was admissible or not. If it was found not admissible for any reason, the Forum would have rejected it then and there itself. Admissibility would cover territorial jurisdiction also.

At first pointing out the above deficiencies, you can also counter the arguments of the other lawyer.

1) Spelling of your name: This is of lesser consequence.

2) Absence of signature This is a valid point.

3) This also makes the application (by the lawyer deficient).

You can certainly take advantage of these deficiencies.

After you submitted your complaint, you alone would have been called for the first hearing when the Forum would decide whether your complaint was admissible or not. If it was found not admissible for any reason, the Forum would have rejected it then and there itself. Admissibility would cover territorial jurisdiction also.

At first pointing out the above deficiencies, you can also counter the arguments of the other lawyer.

Thanks for your kind responses. But what I fears is that - The opponent lawyer has given reference of a decision given by NATIONAL CONSUMER DISPU1ES REDRESSAL COMMISSION, NEW DELHI (REVISION PETITION NO. 1567 OF 2012 ( copy attached with this post ) , which he might be uisng as single point of defense  .  I know I should be trying my best to convince the forum that the applicability of that decision is not of direct relevance to my case but I need to prove that . But can I defense against that decision much ? If yes, how  ?

Kindly have a look at the copy of the decision and please reply. Seeking your kind sipport.

An opinion can be given only if  (1) details of the actual case is known. Three opposite parties have been mentioned one each in Gurgaon, Bhatinda and Coimbatore. The only things known are the item was purchased from Bhatinda and the complaint was filed before the Forum in Coimbatore. The National Forum says that the cause of action did not take place in Coimbatore but in Bhatinda. Do the National and the State Commission consider the purchase as the cause of action or did some other thing happen in Bhatinda only. For instance if the complaint was about the price charged, the cause of action was in Bhatinda only.

The Consumer Act gives three criteria to decide territorial jurisdiction under Section: 11 (a), (b) or (c). There is the word “or” between sub-clauses. It is enough if any one of them is satisfied. The words of the State Commission, repeated by the National Commission appear to hold that only (c) is applicable in this case. In Coimbatore there is an office of Whirlpool itself. Hence sub-Sections (a) or (b) also could have been applied. Again it is not possible to say anything definitely without knowing what exactly the complaint was.

Even if you are able to get details and rebut the arguments of the National Commission, you cannot save your case without knowing the details of the Supreme Court cases referred to by the National Commission.

Whenever there is a case law with a judgment of an upper court, the lower courts will not touch it. They may not care to see even if the upper court decision will be applicable to the case before them. Only the highest court which gave the other decision will be competent to reverse it or give a different interpretation. .

Now I give a few words about the Consumer Protection Act.  As the name itself says it is for the protection of the consumer (against the Opposite Party). Hence the Sections are constructed  liberally to favour the Consumer, who will be the weaker of the two parties. The Opposite Party will be strong and also often omnipresent as in the case of Whirlpool. The Consumer will be an individual who can afford to go only to the nearest court. On the other hand the Opposite Party can go anywhere in the country. In the case of other civil cases territorial jurisdictions are restrictive. Unfortunately the judges who would have had their experience in other civil cases only, give decisions as in those cases.

If your case could come under the Indian Telegraph Act, 1855, your hopes will be dim. There is Supreme Court decision by Justice Markanday Katju, who is very much in the news these days, saying that cases coming under Section 7B are out of bounds for any court.

I suggest that you try to get details from the bottom of the case cited by you as well as other SC cases cited by the National Commission.

An opinion can be given only if  (1) details of the actual case is known. Three opposite parties have been mentioned one each in Gurgaon, Bhatinda and Coimbatore. The only things known are the item was purchased from Bhatinda and the complaint was filed before the Forum in Coimbatore. The National Forum says that the cause of action did not take place in Coimbatore but in Bhatinda. Do the National and the State Commission consider the purchase as the cause of action or did some other thing happen in Bhatinda only. For instance if the complaint was about the price charged, the cause of action was in Bhatinda only.

The Consumer Act gives three criteria to decide territorial jurisdiction under Section: 11 (a), (b) or (c). There is the word “or” between sub-clauses. It is enough if any one of them is satisfied. The words of the State Commission, repeated by the National Commission appear to hold that only (c) is applicable in this case. In Coimbatore there is an office of Whirlpool itself. Hence sub-Sections (a) or (b) also could have been applied. Again it is not possible to say anything definitely without knowing what exactly the complaint was.

Even if you are able to get details and rebut the arguments of the National Commission, you cannot save your case without knowing the details of the Supreme Court cases referred to by the National Commission.

Whenever there is a case law with a judgment of an upper court, the lower courts will not touch it. They may not care to see even if the upper court decision will be applicable to the case before them. Only the highest court which gave the other decision will be competent to reverse it or give a different interpretation. .

Now I give a few words about the Consumer Protection Act.  As the name itself says it is for the protection of the consumer (against the Opposite Party). Hence the Sections are constructed  liberally to favour the Consumer, who will be the weaker of the two parties. The Opposite Party will be strong and also often omnipresent as in the case of Whirlpool. The Consumer will be an individual who can afford to go only to the nearest court. On the other hand the Opposite Party can go anywhere in the country. In the case of other civil cases territorial jurisdictions are restrictive. Unfortunately the judges who would have had their experience in other civil cases only, give decisions as in those cases.

If your case could come under the Indian Telegraph Act, 1855, your hopes will be dim. There is Supreme Court decision by Justice Markanday Katju, who is very much in the news these days, saying that cases coming under Section 7B are out of bounds for any court.

I suggest that you try to get details from the bottom of the case cited by you as well as other SC cases cited by the National Commission.

If the hearing of the case is not already over you ask for adjournment to study and reply.

Once again my sincere thanks for your guidance and inputs. As suggested I have searched these 3

1) Copy of original complaint (C.C. NO.78/2011) as filed at district consumer forum COIMBATORE àOfficially it is not available online, however I got the complaint file by the complainant at some public forum. (Attached as original complaint)

2) Copy of the decision passed by District forum in that case. à Got it but of no use at all because it just says “complaint is returned to the complainant for presenting it before the Forum having jurisdiction, within two months” (Attached as Judgment at District Consumer forum)

3) Copy of the decision passed by State Commission Tamil Nadu à I searched a LOT for case Appeal No. 81/2011 date 24/01/2012 but could not get the copy of the decision)

 I also searched the other judgments as referred by National commission in its judgment, but my focus is now proving that the case at Coimbatore itself does not of direct relevance / not on similar grounds because I believe if I prove this the other inherent decision will become irrelevant to my case.

Please comment with your opinion and inputs.

It is possible to download all the judgments. You go to Google and search for "Consumer court judgments". That will lead you to all the judgments especially since their numbers and dates are also available. You may have to go to India Kanoon for Supreme Court judgments. I tried yesterday. I could not do it for want of time.

As I told you it would be an uphill task to argue the case in your favour. When a higher court judgment is there, the lower court will not touch with a pair of tongs even. Hence if the hearings are not over, you better ask for adjournment for time to study the argument of the opposite party.

If you disclose to me your Cities and States I may be able to help you better.

The Coimbatore court had first given a judgment in favour of the complainant. The Opposite Party went to State Consumer Commission, which directed the Coimbatore court to reverse its earlier order. What you have sent to me is the reversed order of the Coimbatore court and not its initial order favouring the Complainant.

Please try the following website

https://cms.nic.in/ncdrcrep/