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Manoj Kaushik (Private)     10 April 2015

Consumer court jurisdiction

Hi,

Builder company is registered in Delhi (but given the wrong address) have branch office in Patudi (Haryana) and cheating done on project launched in Alwar (Rajasthan).

I want to know, if - 

1) Consumer case can be filed in Delhi

2) if FIR can be filed in Delhi.

 

Regards,

Manoj Kaushik



Learning

 7 Replies

N.K.Assumi (Advocate)     10 April 2015

In criminal case situs of the act of  Offence is important as such Alwar, Rajasthan court will have the Jurisdictions.

Manoj Kaushik (Private)     10 April 2015

Thanks for your quick response. I appreciate your help.

Mr. Mukti Bodh (Practicing Lawyer)     10 April 2015

If any part transaction took place in Delhi, Delhi consumer courts wd have jurisdiction. I feel since the registered office is in Delhi, FIR can b filed here.

Mr. Mukti Bodh (Practicing Lawyer)     10 April 2015

If any part transaction took place in Delhi, Delhi consumer courts wd have jurisdiction. I feel since the registered office is in Delhi, FIR can b filed here.

Mr. Mukti Bodh (Practicing Lawyer)     10 April 2015

If any part transaction took place in Delhi, Delhi consumer courts wd have jurisdiction. I feel since the registered office is in Delhi, FIR can b filed here.

Mr. Mukti Bodh (Practicing Lawyer)     10 April 2015

If any part transaction took place in Delhi, Delhi consumer courts wd have jurisdiction. I feel since the registered office is in Delhi, FIR can b filed here.

Manoj Kaushik (Private)     14 April 2015

Dear Sir,

No transaction happened in Delhi as they have just registered the company on Delhi address which is wrong.

Though they have branch office in Patudi (Gurgaon, Haryana) but cheating done on project launched in Alwar (Rajasthan).

The allotment letter which they had given shows both the address i.e. Patudi (Gurgaon, Haryana) and Alwar (Rajasthan). The two out of three Directors are living in Patudi (Gurgaon, Haryana).

Below is the extract of Consumer Protection Act, Point 11

 Jurisdiction of the District Forum.—(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs

(2)   A complaint shall be instituted in a District Forum within the local 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 District Forum 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. 

 

Since they are living in  Patudi (Gurgaon, Haryana) and have Branch office in Patudi so can't we go to the District Forum, Gurgaon (as value is less than 20 Lacs).

Kindly advise.

Regards, Manoj Kaushik


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