Filing of consumer case in state other than state in which property situated
8 months ago
A case was filed in Bangalore District Consumer forum against the builder for not converting studio flat in 1 bhk and its subsequent handover. This time we were staying in Bangalore. Consumer forum directed the builder to do so, builder did that and handed over the flat, however, private car parking space it did not handover, for which we filed a case again in the same forum, online this time. Over phone, court person called me and advised to file in Hyderabad, as we are now working in Hyderabad. Kindly guide me.
A.Dear Client,
As per Sub-Sec.2 of Sec.34 of the Consumer Protection Act, 2019, a complaint shall be instituted in a District Commission 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, ordinarily resides or 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 carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or (c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain. Being the express provision of law regarding the jurisdiction of the Dist. Consumer Commission, and on receipt of a phone call from the office of the Commission, you need to visit the Registrar of the Dist. Commission and move or represent the matter suitably to clarify the reason behind the phone call asking the complainant to file the complaint in Hyderabad, i.r, state capital of another state.
As per Sub-Sec.2 of Sec.34 of the Consumer Protection Act, 2019, a complaint shall be instituted in a District Commission 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, ordinarily resides or 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 carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or (c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain. Being the express provision of law regarding the jurisdiction of the Dist. Consumer Commission, and on receipt of a phone call from the office of the Commission, you need to visit the Registrar of the Dist. Commission and move or represent the matter suitably to clarify the reason behind the phone call asking the complainant to file the complaint in Hyderabad, i.r, state capital of another state.
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