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I live in Chandigarh and have a complaint against a retailer in Delhi, from whom I bought an expensive saree. When I went to file my complaint, I was told that I should file it in an appropriate consumer forum in Delhi and not in Chandigarh. Is this correct? I always thought that one could register a complaint in a forum closest to one's residence.
So in this case, the complaint has to be filed in a District Forum in Delhi. Since there are ten District forums in Delhi, I suggest that you look up this website:htp://www.delhistatecommission.nic.in/dist_forums.htm This will give you details of the territorial jurisdiction of each consumer forum in Delhi. So depending on where this shop is located, you can decide on the appropriate forum. If you are filing a complaint against more than one person or business and if both do not reside or conduct their business in the same place, then you will have to seek the permission of the District Forum or get the party that does not reside there, to agree to the institution of the complaint in that forum. The territorial jurisdiction of the Forum can also be determined on the basis of the location where the "cause of action," leading to the complaint arose. But the determination of this is not simple in all cases. I will deal with that issue separately in another column.
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Section 11 (2) of the Consumer Protection Act, dealing with the jurisdiction of the District Consumer Disputes Redressal Forums, says that a complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, the opposite party (or the parties if there is more than one) resides or carries on business or has a branch office or personally works for gain.
