Professional Documents
Culture Documents
In this complaint filed before the Consumer Forum, Mumbai in which the
district consumer forum held that on authorised agent has no right to act and
plead before the consumer forum and some other forums has decided that
non advocates can appear then the issue was taken to the state commission
and the state commission has reverse the view, therefore the large no of the
cases where the authorised agents were appearing had come to stand still .
the State Commission order was challenged in two writ petitions before the
Bombay High Court. The petitions were allowed by the Division Bench.
The High Court in the impugned judgment held that a party before the District
Consumer Forum/State Commission cannot be compelled to engage services of
an advocate.
The order of the High Court was confirmed by the Supreme court.
HIERARCHY
DISTRICT FORUM
STATE COMMISSION
NATIONAL COMMISSION
SUPREME COURT
CONSUMER PROTECTION ACT
LEGAL NOTICE
COMPLAINT
(Section 12 -Two Years)
JURISDICTION
TERRITORIAL PECUNIARY
JURISDICTION JURISDICTION
TERRITORIAL JURISDICTION
(Section 11 of Consumer Protection Act, 1986)
After hearing both the parties and looking into the matter, it was decided by the National
Consumer Disputes Redressal as:-
Forum dismissed the complaint on the ground that since the opposite parties did not
reside under the jurisdiction of the District Forum and the cause of action also did not
arise in its jurisdiction and hence the District Forum did not have jurisdiction to deal with
the complaint.
The compliant filled before the Faridabad and the same was dismissed
on the ground that policy has taken from Delhi office and the cause of
action arises at Rampur UP therefore the District Forum , Faridabad
has no jurisdiction to entertain the Complaint under ground that the
M/S. Sonic Surgical vs. National Insurance
Company Ltd on 20 October, 2009 (S.C.)
o It appears that there was a fire on 13-14th February, 1999 at 10.00 p.m. in the go down of the
appellant at Ambala. For claiming compensation, the appellant filed a claim petition before the
Consumer Commission of the Union Territory, Chandigarh constituted under Section 17 of the
Consumer Protection Act, 1986 (hereinafter for short 'the Act'). The said claim petition filed by
the appellant herein was allowed by the Consumer Commission of the Union Territory,
Chandigarh. On appeal, the NCDRC allowed the appeal of the respondent herein on the ground
that the Consumer Commission at Chandigarh had no jurisdiction to entertain and adjudicate
the complaint. We are in agreement with the view taken by the NCDRC.
o In our opinion, no part of the cause of action arose at Chandigarh. It is well settled that the
expression 'cause of action' means that bundle of facts which gives rise to a right or liability. In
the present case admittedly the fire broke out in the go down of the appellant at Ambala. The
insurance policy was also taken at Ambala and the claim for compensation was also made at
Ambala. Thus no part of the cause of action arose in Chandigarh.
o No doubt this would be departing from the plain and literal words of Section 17(2)(b)
of the Act but such departure is sometimes necessary (as it is in this case) to avoid
absurdity. In the present case, since the cause of action arose at Ambala, the State
Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain
the complaint.
PECUNIARY JURISDICTION
(Section 11 of Consumer Protection Act, 1986)
Where the value of the goods or services and compensation, if any, claimed
does not exceed Rupees twenty lakhs (District Forum).
Exceeds Rs. Twenty Lakhs but does not exceed Rs. One Crore (State
Commission - Section 17)
Exceeds Rs. One Crore (National Commission) Section 21
The complainant mainly seeks the possession of the flat in question which he
purchased at a price of Rs.40,70,000/- besides some interest and compensation.
We are, therefore, of the considered opinion that valuation of the claim made by
the complainant cannot in any case exceed Rupees One crore. As per the
provisions of Consumer Protection Act, 1986, a complaint where claim is upto
Rupees One crore, is to be filed before the State Commission having jurisdiction
in the matter. We, therefore, hold that this Commission has no pecuniary
jurisdiction to entertain and try the present complaint.
Ambrish Kumar Shukla and Ors.
vs.
Ferrous Infrastructure Pvt. Ltd. ORS.
Decided on 7th October, 2016 (NCDRC)
The primary object behind permitting a class action such as a complaint under Section
12(1)(c) of the Consumer Protection Act being to facilitate the decision of a consumer
dispute in which a large number of consumers are interested, without recourse to each of
them filing an individual complaint, it is necessary that such a complaint is filed on
behalf of or for the benefit of all the persons having such a community of interest. A
complaint on behalf of only some of them therefore will not be maintainable. If for
instance, 100 flat buyers/plot buyers in a project have a common grievance against the
Builder/Developer and a complaint under Section 12(1)(c) of the Consumer Protection
Act is filed on behalf of or for the benefit of say 10 of them, the primary purpose behind
permitting a class action will not be achieved, since the remaining 90 aggrieved persons
will be compelled either to file individual complaints or to file complaints on behalf of or
for the benefit of the different group of purchasers in the same project. This, in our view,
could not have been the Legislative intent.
Continued on next slide……..
To be continued……..
It is evident from a bare perusal of Sections 21, 17 and 11 of the Consumer
Protection Act that it's the value of the goods or services and the compensation, if
any, claimed which determines the pecuniary jurisdiction of the Consumer Forum.
The Act does not envisage determination of the pecuniary jurisdiction based upon
the cost of removing the deficiencies in the goods purchased or the services to be
rendered to the consumer. Therefore, the cost of removing the defects or
deficiencies in the goods or the services would have no bearing on the
determination of the pecuniary jurisdiction. If the aggregate of the value of the
goods purchased or the services hired or availed of by a consumer, when added to
the compensation, if any, claimed in the complaint by him, exceeds Rs. 1.00 Crore,
it is this Commission alone which would have the pecuniary jurisdiction to
entertain the complaint. For instance if a person purchases a machine for more
than Rs. 1.00 Crore, a manufacturing defect is found in the machine and the cost of
removing the said defect is Rs. 10.00 Lacs, it is the aggregate of the sale
consideration paid by the consumer for the machine and compensation, if any,
claimed in the complaint which would determine the pecuniary jurisdiction of the
Consumer Forum. Similarly, if for instance, a house is sold for more than Rs. 1.00
crore, certain defects are found in the house, and the cost of removing those defects
is Rs. 5.00 Lacs, the complaint would have to be filed before this Commission, the
value of the services itself being more than Rs. 1.00 crore.
The interest has to be taken into account for the purpose of determining the
pecuniary jurisdiction of a Consumer Forum.
AMRAPALI SAPPHIRE FLAT BUYERS WELFARE ASSOCIATION
vs.
AMRAPALI SAPPHIRE DEVELOPERS PVT. LTD.
Kailash vs. Nanhku & Ors. [(2005) 4 SCC 480] the view taken
in this matter was not affirmed and the view taken in JJ
Merchant was affirmed.
RELIANCE GENERAL INSURANCE CO LTD AND ANR
vs.
Evidence by complainant
Final Argument
STATE COMMISSION JURISDICTION
APPEAL
(Section19) REVISION
(30 DAYS) Reg. 14 CPR,2005
(90 DAYS)
NATIONAL COMMISSION
ORIGINAL
JURISDICTION
Section 21
APPEAL
(Section23) REVISION IN FORM
(30 DAYS) Art. 136 of COI
OF SLP (90 DAYS)
SUPREME COURT
ARBITRATION CLAUSE
Aftab Singh V. Emaar MGF Land Limited & Anr.,
(NCDRC) 13 July, 2017
In view of the afore-going discussion, we arrive at the following conclusions:
I. the disputes which are to be adjudicated and governed by statutory enactments,
established for specific public purpose to sub-serve a particular public policy are not
arbitrable;
II. there are vast domains of the legal universe that are non-arbitrable and kept at a
distance from private dispute resolution;
III. the subject amendment was meant for a completely different purpose, leaving status
quo ante unaltered and subsequently reaffirmed and restated by the Hon’ble Supreme
Court; (iv)Section 2(3) of the Arbitration Act recognizes schemes under other
legislations that make disputes non-arbitrable and
IV. in light of the overall architecture of the Consumer Act and Court-evolved
jurisprudence, amended sub-section (1) of Section 8 cannot be construed as a mandate
to the Consumer Forums, constituted under the Act, to refer the parties to Arbitration
in terms of the Arbitration Agreement.
Consequently, we unhesitatingly reject the arguments on behalf of the Builder and hold
that an Arbitration Clause in the afore-stated kind of Agreements between the
Complainants and the Builder cannot circumscribe the jurisdiction of a Consumer Fora,
notwithstanding the amendments made to Section 8 of the Arbitration Act.
EXCLUSIVE JURISDICTION
M/S Interglobe Aviation Ltd vs. N. Satchidanand on 4 July, 2011 (S.C.)
Each and every provision of Chapter VIA of LSA Act emphasizes that is the
Permanent Lok Adalat is a Special Tribunal which is not a `court'. As noted above,
Section 22C of the LSA Act provides for anapplication to the Permanent Lok Adalat
in regard to a dispute before the dispute is brought before any court and that after
an application is made to the Permanent Lok Adalat, no party to the application
shall invoke the jurisdiction of any court in the same dispute, thereby making it
clear that Permanent Lok Adalat is distinct and different from a court. The nature of
proceedings before the Permanent Lok Adalat is initially a conciliation which is non-
adjudicatory in nature. Only if the parties fail to reach an agreement by
conciliation, the Permanent Lok Adalat mutates into an adjudicatory body, by
deciding the dispute. In short the procedure adopted by Permanent Lok Adalats is
what is popularly known as `CON-ARB' (that is "conciliation cum arbitration") in
United States, where the parties can approach a neutral third party or authority for
conciliation and if the conciliation fails, authorize such neutral third party or
authority to decide the dispute itself, such decision being final and binding. The
concept of `CON-ARB' before a Permanent Lok Adalat is completely different from
the concept of judicial adjudication by courts governed by the Code of Civil
Procedure. The Permanent Lok Adalat not being a `court', the provision in the
contract relating to exclusivity of jurisdiction of courts at Delhi will not apply.