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Ankit T (Income Tax Inspector)     16 July 2013

Consumer Forum query

I was duped by an online shopping site..The damages are of Rs.2500 and the registered address of the site is of NOIDA. Almost 1 year have passed since the incident and due to various reasons, I could not take any action except referring to a consumer grievance redressal site Akosha.com who took Rs.500 as fees and did nothing except drafting a letter and sending it on my behalf. My query is, 1. Can I file a case in district consumer forum at my hometown or will I need to go to NOIDA district forum for the same? and 2. Has the time limit for taking any action passed? I have already sent 2 letters to the party, one by myself and other through Akosha.com, and both of them explicitly stated that if remedy is not given, a case will be subsequently filed with the district forum.


 4 Replies

Advocate Bhartesh goyal (advocate)     16 July 2013

[1] Yes you can file the complaint before  the District Consumer Redressal Forum in your hometown if order was placed from your hometown.

[2] Limitation to file complaint would start from the date of order placed by you.Limitation is two years and ur case is under limitation period.

DR.SANAT KUMAR DASH (Eye Specialist)     16 July 2013

Dear  Ankit, You  can  file  in  the  District  Consumer  Forum  in  your  locality.  The Time Limit   is  to  file  case  is TWO YEARS  from the  the  date  of  occurrence.

Ankit T (Income Tax Inspector)     17 July 2013

Thanks for all for your valuable suggestions

SHIBU GEORGE (manager)     16 August 2013

 
 Facts of the Case:  I appointed an immigration consultant to take care of  the processing of my application for permanent residence in Canada during  June 2007. Unfortunately the Canadian Government cancelled all the applications including myself  by passing a law and refunded the fee paid to  them.I paid the the agent a service charge of Rs.38000/-. In the agreement  they have mentioned that 'there is no refund policy. Refund if granted on humanitarian grounds will be made only after deducting INR 15000 as disbursement charges by the approval of board of directors'. Advice Sougth:  Can I file a case in the consumer court against them to collect the money from them as they have not done their services to me since the application has been cancelled by the Canadian Govt. without processing it. They may argue in the court that it is not their fault as the decision is came from a Govt. authority. Can I succeed in the court? On the basis of agreement condition mentioned above in the 'facts of the case' column, is it possible to collect the full amount paid to them? They have also included  in the agreement a clause that " in the event of any dispute arises between the parties of the agreement, the law of vancouver, canda as the state having jurisdictionover may such matter or controversy", It will affect the success of case?

Please help me in this case.

 

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