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11.       The issue about the territorial jurisdiction of the learned District Forum over the complaint calls for an in depth consideration by us mainly for the reason that the airline tickets were purchased over the internet. We therefore propose to deal with this aspect at length, not only to adjudicate this appeal but also to lay the path in case similar issues arise in future, which we believe is quite likely.

12.       With the widespread access to personal computers and the internet, e commerce has been growing at a phenomenal pace. Many service providers and retailers taking advantage of this are offering their wares to the general public through their web sites, enabling their customers to do business/shopping from the comfort of their homes and offices. With the growth of e commerce and commercial activity over the internet, it has become possible for business to be conducted across the globe without actual physical presence in every place. Widespread usage of plastic money (Credit and Debit Cards) has facilitated these operations in a big way. But at times the consumer gets a raw deal as internet dealings are done with unknown parties, operating from far off places.

13.       This advance in technology has brought to light the missing links in the law relating to jurisdiction that can be exercised by a court of law or quasi judicial tribunals in areas where internet activity plays a significant role. Internet or e commerce matters are considered to be unconventional when they involve the key question of jurisdiction. The world of global connectivity on the worldwide web has posed several problems and the common concern is whether jurisdiction in matters should remain confined to the territorial limits of the place of business or residence of the defendant, as territorial boundaries become porous. Thus, the challenge faced by parties to an online transaction is which forum should be used to adjudicate conflicts. This is particularly an issue when a buyer seeks redressal in his local jurisdiction on the basis that the sellers goods or services are made available to consumers in all parts of the country through the Suppliers / Service providers web presence.

37.       While we make it clear that our present conclusions are based purely on law, it must be mentioned that they also respond to the equally important requirements of equity, practicality and rationality. It would therefore be apt to set forth here these other equally important aspects too. With the growing grievance of consumers utilizing the telecom sector, it would not be in keeping with the objectives of the Act if grievances and disputes arising out of e commerce are, in practice, left out of the purview of C.P. Act. But this will surely be the result if the cause of action is held to arise at the Defendants place of business, for purchases made online, because of the impracticability of lodging complaints there. As it is, Consumers shy away from approaching Consumer Courts as they do not find it worth the while to file or pursue claims for meagre amounts because of the hassle (it is but human nature to want to avoid any form of court proceedings) as well as the expenditure involved. It is a stark fact that goods suppliers and service providers are bigger and more faceless entities than a common consumer and do invariably engage legal counsels to represent them. Although Consumer Fora encourage consumers to appear in person they are a very rare sight especially as they shrink from facing the complicated legal arguments of the other side. In cases where small amounts are involved it is only a valiant warrior, who does not really care about the expenses or the compensation but wants to correct the injustice meted out to him by the supplier/service provider, who ventures into litigation. Whatever be the compensation or costs awarded by the Consumer Fora, unless the amounts involved are high, the Consumer stands to get barely a pie as most of the award gets dissipated in legal fees and expenses. If one faces the facts and is not a prey to hypocrisy or living in denial, diseases by which our country is sadly becoming increasingly afflicted, then all this is nothing but common knowledge. If, on top of this, an online consumer is also called upon to file his complaint in the Defendant's place of business which may sometimes be thousands of miles away, he would have neither the resource nor the resource to do so and then any online supplier could get away with any deficiency in service or supply of defective goods, safe in the knowledge that the hands of a Consumer Court would never touch him. Consumer rights will be real only if they are practicably accessible and enforceable. Else, they will simply remain a pleasant dream and the only joy to the consumer would perhaps be the colourful Jago Grahak Jago advertisements on which huge sums of public money are expended.