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ADVOCATE NITIN KAPOOR (Advocate)     02 July 2014

State consumer forum

I want to file a fresh complain in State consumer Forum after the order passed by District forum as i am not satisfied with the order of district forum and my fault is that there is some amendment i want to make in prayer. my pecuniary jurisdiction exceeds 20 lacs now how could i file a complaint in State Consumer Forum in delhi..............



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 5 Replies

Advocate Bhartesh goyal (advocate)     02 July 2014

You can not file fresh complaint as on the same issue and between the same parties DCRF has passed order already.you have option to file appeal against that order in State Commission.

ADVOCATE NITIN KAPOOR (Advocate)     02 July 2014

Sir, according to my research we can do as i have mentioned that this time we have amended prayers thus, fresh application in State consumer forum can be filed if there is fresh cause of action.

Advocate Bhartesh goyal (advocate)     02 July 2014

It seems that you are adamant to file commplaint, you may file but mind it your complaint is not maintainable.

Shivesh Sinha (Legal Adviser)     03 July 2014

Dear ntnkpr93 [ A Law Student, as per available profile at this Forum ],

Have perused your Query, being posted on this Forum and also its reply extended by my learned friend Advocate Bhartesh Goyal.

It seems that you are totally misconceived the applicable law and accordingly you have claimed to derive conclusion, as stated by you, based on your so called research work.

As per mandatory provisions laid u/s 11 C.P.C. your proposed fresh consumer complaint is hit by "Res judicata" and hence, in no way the same would be maintainable in the eyes of law. And under facts & circumstances, I fully agree with the view of my aforesaid learned friend Mr. Goyal.

True, if you are dissatisfied and aggrieved by the Order / Judgment of the learned DCF in your case, you have rightly been advised by my said friend to prefer an Appeal u/s 15 of the Consumer Protection Act, 1986. Discretion would be of your choice.

Feel free to approach me for any further advise, if required so; by visiting a website launched for etending free legal advise related with the Consumer Disputes, titled as : www.powertoconsumer.in

Thanks,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer,in

Arun Kumar Mishra (Advocate & Consultant)     14 July 2014

Advocate Bhartesh goyal ji

My Question... In consumer Fora if Value of Flat is not considered for Pecuniary Jurisdiction when Possession of Flat and Compensation is claimed. Only Compensation & Cost is the Component of Pecuniary Jurisdiction. Then almost all cases should be filed in District Forum as claimed will be less than Rs. 20 Lacs.
Please share some Orders of National Commission and Suprememe Court Judgements in this Regards.
Arun K Mishra
mishra.arunk@gmail.com
Contact 8800628886

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