Legal Question in Civil Litigation in India

A company collected money by giving asssurance on promissory note in the name of the company.

later on the company got in to some troubles, and it was in the court. All the properties and assets were seized .

some people approached consumer forum and got decree aganist the company. the company contested that this consumer forum has no jursidication to take the case ...

The consumer forum issued arrest warrent to arrest the chariman

the chairman was recently died

My doubt is

1 .do the consumer forum has the jursidiciotion to take the case of prommisory note while it was in the civill and criminanal courts

2 The company being a firm,the chairman died, who will be the next preson to take the resposbilty,the family members of the chairman (wife and children) or the next person in the frim?

3 The consumer form issued a note to the family members of the demised chairman (ie) wife and childerns stating that they are adding as legal heirs, instead of the next person in the frim.

4. How far the wife and childern are made responsbility

5 can the consumer forum take a step to issue a arrest warrent to the deceased wife and children?.

sir kindly let me know , i will be very thankfull for u.

thanking you sir

trinadha


Asked on 10/28/10, 11:07 am

2 Answers from Attorneys
Rashmi Bhatia Sangare Private Practise

1] Yes, the Consumer Forum has powers to take cognizance if it fits in Consumer Protection Act.

2] In consumer case, the next person responsible for the firm /Company including all its remaining directors.

3] If family members of the deceased persons are related to the Company as Directors/share holders, Consumer Forum is right. If not, than family members should contest such action.

4] Ans in 2 & 3

5] Yes if they are added as opposite parties.

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Answered on 10/29/10, 3:46 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

1. Please be sure, that is this a matter of issue connected with any Company ? or Firm ?, and If you contracted as a consumer or like a customer with such Joint Stock Company ?

or Firm ?, then you can file your grievances at consumer forum.

2. No consumer forum can issue any arrest warrant, and please note that any grievances given to the consumer forum shall only attract the law of torts or only civil wrongs, Ok ?

Thank You,

Kind Regrds. Sanjay .K. Dixit, Advocate

Davangere - 577 002.

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Answered on 11/02/10, 8:00 am


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