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Jagannadha Rao Eluri (Consultant)     18 February 2013

How to decide the jurisdiction?

A” lives in Hyderabad. “B” is a real estate company who have projects all over AP. “A” agreed to buy a plot from  ”B” for a price INR 19 lakhs. “A” paid the advance amount i.e. approximately INR 6 lakhs and reserved the plot. “B” issued a confirmation letter allotting the plot and receipts to acknowledge the receipt of the money. “B” told “A” that he will inform the date of plot registration on his name by then “A” has to keep ready the rest of the consideration. 2 years gone.  “B” has never bothered to inform and also never responded to the inquiries made by “A” in this regard. After several inquiries by “A” either to register the plot or refund the advance money, now “B”  responded that they neither want to register nor refund the money, instead they are offering land somewhere else, in which “A” is NOT interested. In this background we have decided to complaint to Consumer forum in AP.

Now my question is how to decide the jurisdiction based on the value? Which Amount  should I  consider? Option 1 is If I consider the cost of land i.e. 19 lakhs + compensation + cost exceeds 20 lakhs , so should I file the complaint in state consumer forum? Or Option 2 is  “A” paid only advance i.e. 6 lakhs + compensation + cost does NOT exceed 20 lakhs, so should I file my complaint in district consumer forum only? How to decide? Please guide me.  

Also if any of you have model complaint please provide.

Any information is highly appreciated.

Thanks in advance.

Jagan



Learning

 3 Replies

shanmugam (Admin Manager)     19 February 2013

 

Sir,

               You have not provided the following information’s. 

1. Whether you have entered into an agreement for your purchase /sale

2. The date of last payment made. Within 2 years you can file complaint in the Court.

3. Whether you have sent any reminder letter by Regd Post with Ack due by giving minimum 21 day time. If you have

                    not sent any letter to  Oppsoiste party, you may send letter to him.

4. Opposite party's residence / business place is within your  Jurisdiction. If the opposite party is having Office or

Branch   in Your Jurisdiction, you can file case in your Jurisdiction area Court.

5. Based on the value of Compensation. We have to choose the Court.

Neelam Narania (partner)     19 February 2013

Hello sir,

I agree with the above expert advice. I am prcticing advocate in hyderabad. So please do contact for legal assistance.

with thanks and regards,

Adv.Neelam Narania

cell no. 7893322661

Jagannadha Rao Eluri (Consultant)     19 February 2013

Shanmugam Sir,

Thanks for your response. here are my answers given below. please go thru them and help me out. I have only 1 question that is how to deceide the jurisdiction? I understood from your reply that jurisdiction is based on the compensation not the value of consideration involved.

1. Whether you have entered into an agreement for your purchase /sale

ANS: NO, we don't have any written agreement of sale. however the agreement is verbal and after the full payment the company is suppose to register the sale agreeement. we have the allotment letter in which they mentioned the plot no, price, paymnet schdules and also have the money receipts of advance payments.

2. The date of last payment made. Within 2 years you can file complaint in the Court.

ANS: 2 years past after the last payment of advance. we were requesting them to arrange the registration as we were ready with the rest of the money. they were just passing the time giving some vague reasons.

3. Whether you have sent any reminder letter by Regd Post with Ack due by giving minimum 21 day time. If you have

not sent any letter to Oppsoiste party, you may send letter to him.

ANS: We had sent a legal notice in NOV 2012 asking to reply in 2 weeks time. we have received the acknowledgement also. however we have not received any reply to the legal notice tilldate.

4. Opposite party's residence / business place is within your Jurisdiction. If the opposite party is having Office or

Branch in Your Jurisdiction, you can file case in your Jurisdiction area Court.

ANS: This is ok, no issues.

5. Based on the value of Compensation. We have to choose the Court.

ANS: the compensation we will be asking is X% interest on advance payment i.e. may be 18% on the advance paymnet (216000) + cost (approx 25000) which won't exceed 300000 INR. if including the advance payment (600000) its may be apprx less than 1000000 INR.In this case, I should approach Dist Consumer forum only. 

But If the cost of land is 1900000 INR is also considered then it exceeds 2000000. In this case, I should approach State Consumer forum .

What I understood from your post is  its the compensation that will decide which court we should approach. Please throw some light if time permits.

Thank you very much Sir,

Jagan


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