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Consumer grievance in commercial purposes

(Querist) 23 April 2016 This query is : Resolved 
Dear Members,
I am a builder and bought bulk sms service from a company for marketing purposes of my flats.
Now, in case of any deficiency of services from the bulk sms company, can i sue them in state consumer court. Or i should file case in some other court as i use these bulk sms for commercial purposes.
Devajyoti Barman (Expert) 23 April 2016
No, since bulk sms were meant to be sued for commercial purposes only , you can not file case in consume forum.
Advocate Bhartesh goyal (Expert) 23 April 2016
No,complaint filed before District Consumer Forum for the services hired for commercial purpose/activity is not maintainable.
Rajendra K Goyal (Expert) 23 April 2016
Agree with the experts.
Raj Kumar Makkad (Expert) 26 April 2016
I think you must have inserted an arbitration clause in your agreement and even if not then also a prayer can be made before the civil court to refer the matter to an amicably acceptable arbitrator in commercial issues. Special Commercial Courts all over India are being established all over India in consonance with the Act passed by Govt. of India recently. In Haryana, First Additional District Judge in every district has been designated as Presiding Officer Commercial Court. You shall not ace any problem in such eventuality as special courts shall deal with specialization in all such matters now.


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