Living in new delhi (north west district). Order placed from Amazon to madhya pradesh. Paid by Amazon pay balance. Filed case against Amazon in shalimar bagh consumer fourm. Judge refused to accept case by saying it is out of their jurisdiction. I need to go some other fourm where company or its office belong. Ncdrc advising to file case against shalimar bagh consumer fourm. Confused. What can I do now? more
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As per Amazon's website, 22. Governing law and Jurisdiction: These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi. Their Office address is : Amazon Seller Services Pvt. Ltd., Ground Floor Eros Plaza, Eros Corporate Tower Nehru Place New Delhi 110019 Please try the Consumer Forum under whose jurisdiction the area of Nehru Place falls. From internet, I gather it could be: District Forum (South – 11), 3rd Floor, Behind Qutub Hotel, 22-23, Udyog Sadan, Qutub Institutional Area, Mehrauli, New Delhi. more
Jul 31
Check local availability/access-service before placing on on line delivery services.Government have to issue guidelines that such services have to have licences storage in the states concerned and delivery is subject to state juridiction. Centre cannot go on taking the disputes of such nature. more
Jul 30
Extract of a case law: Important legislation to be considered for online transactions is the Information Technology Act, 2000. This legislation was enacted to change outdated laws and deal with cyber crimes. A section which becomes relevant from the IT Act in terms of online transactions is Section 13 (3) which provides that: “Save as otherwise agreed between the originator and the addressee, an electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.” Section 11 (2) of the Consumer Protection Act, 1986 and Section 13 (3) of the IT Act read together shows us that where online transactions are entered into, then, for the purposes of Consumer complaints, part of the cause of action arises inter alia at the Complainant’s place of business if acceptance of the contract is communicated to him through the internet, including the medium of email. Further, irrespective of the fact whether or not the contract is one made over the Internet, cause of action would also continue to arise at any of the places: (a) Where the contract is performed or is to be performed or (b) Where money under the contract is either payable or paid or (c) Where repudiation of the contract is received, if any. Territorial jurisdiction over a consumer complaint would lie with the Consumer Forum situated at any place where any of the above causes of action arises. A consumer would be legally entitled to pursue his remedy within the territorial jurisdiction of the Consumer Forum having appropriate pecuniary powers at any of the aforementioned places. This is in addition to the other places where a consumer may choose to file a complaint in accordance with the other provisions of Section 11 (2) of the C.P. Act. more
Jul 30
1. You will have to wait as the top consumer court has to take up matters as per the priorities in the list.
2. If it is only for possession it depends upon the stand taken by the builder for completion of work.
3. If it is for timely possession or compensation for delay then you can seek interim relief for deposit of the amount in court.
4. You may find out from local advocates regarding the referral of case to Adalat for speedy disposal.
5. Also find out regarding the possibilities of available relief under recent Real Estate Regulation Act. more
2. If it is only for possession it depends upon the stand taken by the builder for completion of work.
3. If it is for timely possession or compensation for delay then you can seek interim relief for deposit of the amount in court.
4. You may find out from local advocates regarding the referral of case to Adalat for speedy disposal.
5. Also find out regarding the possibilities of available relief under recent Real Estate Regulation Act. more
Jul 31
Dear Sir (Mr Laxamanan B M .. Kindly advise me , in my case with NCDRC against builder for delay in possession waiting for final hearing to notify on due course of hearing. Post that, I filed Early hearing which was rejected by rekha Gupta and letter to President , NCRDRC citing the reasons for my crisis to speed up the case and another case against same builder for same reason with another bench to request to attach the case with that and change the bench for which there is no response I have received yet. Kindly, advise me what is to be done for final hearing to change the bench and speed up the case towards clsoure more
Jul 30
Lakshmanaji intelligent interpretation and perfect Legal Advice related to Amit's query on filing consumer complaint. I have learnt from you. Thank you. more
Jul 30
I have explained so many times in this forum that, Our unison is only way left and will help build a transparent, honest system to form a Govt for us which is being a far from dream for us till date since independence .. Sooner you realize sooner will be better for every one. We have been given limited options in all walks of our life and push to live a forced life to accommodate every apathy of GOVT and its Organizations, Judiciary, Police etc. Those people who still suggest these are meant for our support system either they have vested interest or else they have not come across their wrath. Today the whole system is corrupt 1) EC - has no power give us option for last 70 years i.e Choose either Congress & BJP with all criminals in inducted in system due to muscle power and money 2) CBI- In History never taken any action against ruling party .. Used as an extortion agent for ruling party 2) Police, CID , ACB, ED , IT etc --- All are Govt agents and cant take action against Govt crime & corruption 3) Army , Navy , Air force -- Rampant corruption by Sr Officers and torture to jawans & junior officer 4) all Civic bodies BMC , MCD , MCG , HUDA , DDA etc are the most corrupted organisations and many of them recognized by UN No 1 corrupted bodies 5) Judiciary DC, HC are at state Govt disposal (Delhi HC under Central GOVT) see the verdict of Delhi HC in last 3 years and you will be shocked to see their verdict and delivery 6) Education System -- Rampant corruption and fleecing parents day in day out 7) health System - with 70% Doctors having fake degrees (On the foot path of our PM and his allies ) and looting patience like decoits 8) Revervation Card- every political parties play it so much so now that for general (majorities) are getting step fatherly treatment ... These are tip of the ICEBERG ... despite people facing on daily basis still people debate which national party should be in power i.e wither NDA or UPA? more
Jul 30
Dear Amit... You are facing the real judicairy system of India which is an eye wash for all citizens to defend criminals & defaulters ... i.e. against Builder NCDRC deliberately do not close 95% of cases on time due to nexus between GOVT-BUILDER-JUDICIARY .. There are Judges in NCDRC (Mr Malik who is retired now , MR jain , Mr Gupta ) very honest and help consumers .. But rest of them are very notorious and harass consumers thru their ill behavior with rude gestures and put you thru all unnecessary layers/things to run after pillar to post so that , you will be forced to with draw cases or wait for indefinite time.... In Jolly LLB part 2 movie ... you know Judge Mr Tripathy says (Court pe logo ka bharosa hain despite 3.25 Cr case pending is a bull shit statement .. Because don't have alternatives to go beyond this... post 2014 BJP introduced Land acquisition bill to grab several hectare of lands from 1000 of farmers . Many of them either committed suicide or battling in court for their lands with no hope to get any justice .. Moreover , they were commiited to get job due to SEZ set up but as of now all the lands at govt disposal and barren land IF PEOPLE THINK GOVT PROPERTIES ARE BELONG TO CITIZEN THEN PLEASE COME OUT OF FOOLS PARADISE ...ALL GOVT PROPERTIES REMAINS IN THE HAND OF RULING PARTY INCLUDING YOUR MONEY , POLICE , JUDICIARY TO THE EXTENT OF HC AND YOU ARE MERE A DUMMY PSEUDO OWNER The Only things remain in our hand to fight out all odds we receive on daily basis . we should get together and join hands in a forum where we can get people consent , cell number , name , address to take up all the cases and compel these Hippocratic govt machinery into quick action .. Kindly call me at my cell 9910497854 more
Jul 30
