Legal Question in Consumer Law in India

1) I want to register a consumer case against a builder. The flat I have booked as well as the local office of the builder are in Bangalore. I am in Mumbai and the corporate office of the builder is also in Mumbai. Can I register the case in a consumer court in Mumbai or do I have to go to Bangalore for same?

If the cause of action, even in part, has arisen in Mumbai the case may be filed in Mumbai. If Builder is a company, check where is its registered office and not the corporate office. That you may check on the web site of Registrar of Companies. Also see where did the builder encashed the cheques issued by you. If the cheques have been issued at Mumbai, encashed at mumbai, then the cause of action in part has arisen at mumbai. In such scenario Mumbai will have the jurisdiction. Otherwise, Bangalore will have the jurisdiction and is your safe bet.

2) Builder had given me written assurance that if after my booking they reduce their rates for any reason they will give me the benefit of reduced rates. Post that they have sold flats at reduced rates and are refusing to give me the benefit. is there any merit in taking this to the consumer court?

Yes consumer courts have the jurisdiction to adjudicate upon such written assurances. Non compliance of such assurance is certainly defficiency in service for which consumer court has the jurisdiction.

3)Are email communication (between me and builder) admissible in consumer court?

Yes, as per the Information Technology Act read with Indian Evidence Act

4)Is there any time limit of a grievance that I should register the case in consumer court?

yes two years from the cause of action.

5) Can I engage a lawyer to fight my case in consumer court or do I have to go on my own?

It is your choice whether to engage a lawyer or fight it your self. Not much of intricacies are involved. Ofcourse, time factor you have to see.

You may prefer case in Bangalore through Advocate alternately you can also prefer case

in Bombay since it is their corporate office,

you can represent the case through lawyer or you may do at your own

Email communication may be admissible as there has been so many changes and upgradation,further one cannot create email publication as per one's choice so it has

autenticity.

You are eligible to get benefit of price reduction but you should collect cogent evidence

to establish.

yes you can engage a lawyer and file a case in consumer court after giving legal notice thru him.

Yes you can file a case and can also engage a Lawyer.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW