Legal Question in Civil Litigation in India

We had filed consent terms with the developer in state consumer forum. But the developer filed petition in state consumer forum by making only 2 applicants as party.we are in all 8 applicants, out which 2 are respondents in the national consumer forum and rest 6 are in the state consumer forum.We are eligible tenants in the Slum and Maharashtra Regional Town Planning Act for 8 shops in a building developed by the developer.We approached the High Power Committee(HPC) for our 8 Shops. Now as we got order in our favour in HPC, the respondent( developer) was reluctant to give possession. Then he appraoched the High Court to get stay on the HPC's order. High Court gave the interim stay on the grounds the matter is standing in the National Consumer Forum, But my contest is that only 2 matters are pending in National Consumer Forum, Rest are in state consumer forum so is high court right by passing an impunged order granting relief in terms of all 8 shops.Or wil it apply only for 2 shops, rest shops high court cannot grant stay. please suggest what shall we do??? Shall we aproach Supreme Court or no.


Asked on 3/12/10, 10:24 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

Upto Rs. 20 Lakhs ( Rupees twenty lakhs) of consumers grievances have the jurisdiction for, to approach "District Forum", Rs 20 Lakhs to 1 Crore ( Rupees twenty lakhs to one crore), "State Consumer Commission", and above Rs. 1 Crore ( Rupees One Crore) should be approached the "National Consumer Commission".

And said 'Forums' shall have the applicablity of changes of place where the consumers causes of action arose, and such places of occurrence of causes of actions.

And Honorable High court's can be approached after respective "State Consumers Commission stage is over", Honorable Supreme Court can be approached after respective "National Consumers Commission stage is over", or else approach from the preceeding judgement's of the said Honorable Hight Court's with the said causes of action, Ok ?

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 3/18/10, 1:08 am


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