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Mehar Saini (Propritor)     17 July 2013

Jurisdiction of the district forum.

Dear Sir,

My friend has paid 100% payment to a builder in 2009. possession was to be given in Dec 2010. till date project not completed. presently no work at site.

consumer complaint was filed on 08/11/2012 in additional distt consumer forum ( which deal cases of out side the muncipal corporation ares) as the project comes under rural area (gram panchayat).where as the opposite party resides in PMC area.

advocate for opposite party appeared on 14/02/2013 and ask time to file vakalatnama and written version, extension was given by forum.

repersentative for opposite party  appeared on next date  (11/03/2013)and ask time to file written version, again extension given by forum.

advocate for opposite party appeared on 1/04/2013 and ask time to file written version, extension was given by forum.

advocate for opposite party appeared on 18/04/2013 and ask time to file vwritten version, aextension was given by forum. time given by forum as last chance.

On 14/05/2013, 21/05/2013 and 11/06/2013 court was adjourned as there was no member.

advocate for opposite party appeared on 1/072013 and ask time to file written version, extension was given by forum.subject to cost of 500/-. meanwhile we filed application to pass the order of ex parte/ NO written version oredr, but that was not cosidered.

On 15/07/2013 the advocate of opposite party filed application stating that said consumer forun has no juridiction to trail the case the as the partners resides in corporation area, even though the cost was awared was not paid. again we filed application for NO W/S order and non payment of cost, said application was not considered. and we have been asked to file say on their application.

The whole proceeding clearly shown that the judge openly favouring the opposite party, and the opposite party just want to prolong the case.

earler in 3 cases they remains absent in same consumer forum, ex parte order was passed, appleal was prefferd by opposite paty before state commission, for ex parte order and not for juridition of forum, which was dismissed with cost.

request confirm what we should do now, presenty 15 cases pending against same builder.


Regards

MC Saini

 



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