Jurisdiction for filing Consumer Complaints

Date: 08-06-2014                                                                             By email

To,

Shri Keshav Desiraju, IAS

Secretary, Dept of Consumer Affairs

Ministry of Consumer Affairs, Food & Public Distribution,

Krishi Bhavan, New Delhi 110001

secyca@fca.delhi.nic.in

Dear Sir,

Subject: Amendment to Consumer Protection Act—Jurisdiction of Forums

I understand that Govt intends to amend above law to make it more consumer-centric. I humbly submit my suggestion for your kind consideration: 

As per extant provisions of section 11 (2) of The Consumer Protection Act 1986, complaint can be filed in District Forum in whose jurisdiction             1. Opposite party resides or does business 2. Cause of action has arisen    3. Where opposite party has a branch office.

Sir, in present day due to service and business conditions, consumers are required to settle down at different places. For example an officer of central govt., bank may have purchased a TV say at Dehradun of a manufacturer who has office at Mumbai.  In case he is posted or has settled down in Gujarat, he has to move district forum of Dehradun or Mumbai. Similarly in case of branch office, there are decisions where branch office means branch where dealing or part of it has taken place [and not any branch whether connected to transaction in dispute or not].

Under above circumstances, it is not possible for an aggrieved  consumer to afford to file consumer complaint at a far off place, which is convenient to goods/service providers. I suggest that place of residence of consumer at the time of filing complaint should also be included to decide jurisdiction. Goods/service providers are financially stronger than the single consumer and can afford to defend at far off places. In absence of such a provision, most of aggrieved consumers just avoid filing of complaints being not financially viable and suffer in silence and helplessness.

I understand that some of pro-women laws provide that woman can file her case against husband at the place where she is residing at the time of filing of case, irrespective of where her husband resides or cause of action has arisen. A similar pro-consumer amendment should be made to above Act.

I am sure with new pro-citizen govt in place at the Centre and announcements made by Hon’ble Prime Minister, my suggestion would be positively considered. I had represented on 16-03-2010 but nothing materialized.

Yours faithfully,