Dear Learned Memebers
I bought one item on ebay and got trapped to take my refund from Ebay.
I live in West Delhi. What is the TERRITORIAL JURISDICTION of Ebay if I wish to file a case against Ebay in Consumer Forum. Ebay has corporate office in Mumbai but as you know it is online shopping so they deliver their services all over India through their Logistics partners like Bluedart, Fedex, Delhivery etc. They have also their call centers in Gurgaon, Gujrat, Mumbai etc .
The bare reading of Sec 11 (2) of CPA, 1986 make it clear — “A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction
A — the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
B ----- any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
C----the cause of action, wholly or in part, arises”.
Please clarify. more
I bought one item on ebay and got trapped to take my refund from Ebay.
I live in West Delhi. What is the TERRITORIAL JURISDICTION of Ebay if I wish to file a case against Ebay in Consumer Forum. Ebay has corporate office in Mumbai but as you know it is online shopping so they deliver their services all over India through their Logistics partners like Bluedart, Fedex, Delhivery etc. They have also their call centers in Gurgaon, Gujrat, Mumbai etc .
The bare reading of Sec 11 (2) of CPA, 1986 make it clear — “A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction
A — the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
B ----- any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
C----the cause of action, wholly or in part, arises”.
Please clarify. more
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Dear Rajesh...I suggest the following to avoid delay and save efforts on your part - case can be filed later: 1. call up their call center lodge a complaint - take a complaint number 2. subsequently write a email on their registered email number - copy that to the omudsban - all service providers have that - its would be available in the web site 3. Rajesh always have an approach of adopting an escalation mechanism and avoid resorting to court cases - filing is easy. more
Jan 30
Reply to Rajesh Wadhwa for yur post Thanks Mr. Shankar Saran & Dr. Sekhar Iyer - I transfered the money to mobikwik via Netbanking to make the payment to seller on ebay. Will it be a hurdle to file at my territorial jurisdiction??? " IT WILL NOT BE A HURDLE" more
Jan 29
Shankar saran, pl send me a copy of the complaint format for complaint in consumer court. Can it be in plain and normal letter format? Tks socyfedn @rediffmail.com more
Jan 28
Thanks Mr. Shankar Saran & Dr. Sekhar Iyer - I transfered the money to mobikwik via Netbanking to make the payment to seller on ebay. Will it be a hurdle to file at my territorial jurisdiction??? more
Jan 28
