What is Jurisdiction of the State Commission? What is Transfer of cases? Section 17 and 17A of Consumer Protection Act 1986

Jurisdiction of the State Commission and Transfer of cases are defined under section 17 and 17A of Consumer Protection Act 1986. Provisions under these Sections are:

Section 17 of Consumer Protection Act "Jurisdiction of the State Commission"

Section 17. (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction-
(a) to entertain-

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and

(ii) appeals against the orders of any District Forums within the State; and


 

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

(2) A complaint shall be instituted in a State Commission within the 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 State Commission 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.

 

Section 17A of Consumer Protection Act "Transfer of cases"

Section 17A. On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before the District Forum to another District Forum within the State in the interest of justice so requires.

Home     About Us     Privacy Policy     Disclaimer     Sitemap