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Smita_L01042008 (student)     18 January 2011

Jurisdiction of District forum

Dear Members,

the company engaged a service provider who defaulted in providing service and not refunding advances taken from the company. the company has registration office at Mumbai and the service provider has office at Delhi. as per Service Propvider agreement jurisdiction for  agreement will be mumbai and any dispute arises shall be refered to arbitration.

 

Please guide whether

1. Consumer Complaint can be filed against Service provider or not

2. Which district forum shall have jurisdiction and why



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     18 January 2011

1. Yes.

 

2. Both places because part of cause of action has accrued at both the places.


(Guest)

Mr. Makkad`s view is correct.

Amit (Advocate)     18 January 2011

No,

Your company will not come under the defination of consumer.

The Jurisdiction would be at both the places.


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