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Dileep.K.Jha (head)     13 September 2014

Printing mistake in magazine

Respected Sir,

 

     A printing mistake in one question by human error is found in our MAGAZINE that is 41.9 instead of 41.09.

A person from Bangalore regarding above mistake sent Compensation demand for Rs.50000/- plus legal cost through consumer Court of Bangalore to our office situated in Delhi.

But in our MAGAZINE it is mentioned That All disputes are subject to Delhi Jurisdiction Only.Question papers being published are based on Memory Retention Contest

My questions are:

What is proper jurisdiction in above case and what should i do ?

 



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     13 September 2014

 

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 1[does not exceed rupees five 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 1[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 1[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 1[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, ar works for gain; or

Dileep.K.Jha (head)     13 September 2014

I need one more clarify regarding" all disputes are subject to Delhi jurisdiction only" mentioned in Magazine then what jurisdiction Delhi or Bangalore?

Advocate Bhartesh goyal (advocate)     13 September 2014

if in the agreement/contract/invoice the words regarding jurisdiction is mentioned as only,alonor exclusively then  jurisdiction will only lie there.please go through the judgment of Appex Court as under:-

 A.V.M. Sales Corporation v. Anuradha Chemicals
Private Limited, (2012) 2 SCC 315:

 In your case Delhi courts have Jurisdiction to hear the matter.

Dileep.K.Jha (head)     13 September 2014

How reply to Bangalore court

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