• Jurisdiction of a consumer case and where to file the complaint

If the mutually signed agreement between two parties state that the all the disputes will be settled in a particular court, lets say Courts of Bangalore only and definition of courts  includes consumer courts also, what is the implication of this clause as far as filing of complaint is concerned by the consumer ? Especially so, when the consumer resides elsewhere, lets say Delhi. Can he file the complaint else where other than Bangalore?
Because as per the consumer act, complaint can be filed with appropriate consumer court even where the seller has a branch office or business or even cause of action leading to complaint.
Asked 12 months ago in Civil Law from Delhi, Delhi
1) consumer forum is an additional remedy for resolution of disputes 

2) since contract provided for jurisdiction at Bangalore only the complaint before consumer forum should be filed only at Bangalore 
Ajay Sethi
Advocate, Mumbai
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If the cause of action arose at a different place other than the jurisdiction mentioned in the agreement, a consumer is eligible and entitled to file a complaint within the jurisdiction of the forum where the  incidence is reported to have taken place.
You can file a consumer case within the jurisdiction where the cause of action for the case arose. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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For purposes of ascertaining jurisdiction of the consumer court, the following is taken into account;
Pecuniary jurisdiction- ON the value or services and the compensation claimed does not exceed a certain amount,
next would be; Where 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
the cause of action, wholly or in part, arises.
based on this you can file the complaint either in new delhi or in bangalore, if any part of the transaction has taken place in either of the places.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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If there is a chosen forum of adjudication of dispute then that forum alone can adjudicate the dispute.  So if the agreement says that only the courts in Bangalore alone can adjudicate the dispute then all other courts are disqualified from assuming jurisdiction to decide the court. 
Ashish Davessar
Advocate, Jaipur
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1. There is no validity of the said jurisdiction clause which is fixed by law, be it for Consumer Forum or any other Court,

2. The jurisdiction of court is decided by identifying the area where the cause of action arose,

3. If you have purchased the item/service while staying at Delhi and  the seller has a branch office at Delhi also,then you can file the consumer complaint case before the District Consumer  Dispute Redressal Forum at Delhi.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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