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venkadesh (PA)     10 November 2010

Is it worth to sue against Noida agency from Tamil Nadu

Hi,

I was mislead and cheated by a Noida,Hotel Booking agency (IHR) . I have strong proof with me to submit in the court. After seeking help of one consumer activity group and discussion with the Agency by email, I was assured for small relief and still it was not fullfiled. Now I am planning to sue against them in Court. The problem is the agency has only branch in Noida and and I am staying in Tamil Nadu. They had business with me through telephone ,mail and online banking.  The entire business seems to be worth of 5K.  How much I can demand for relief? Am seeking a legal advisor/advocate in NOIDA who can help me to sue against the agency.  Is it worthful to sue against a noida agency from Tamil Nadu? the nature of the case seems to be like cheating a customer.



Learning

 2 Replies


(Guest)

You have two chances

1. To proceed in consumer disputes redressal forum 

2. To proceed under crminal law for cheating.

3. To file a suit for damages after registering  criminal case.

Inorder to proceed under criminal law don;t give any notice to the agency

if want to proceed under civil and consumer you have to issue notice from tamilnadu.

Though the party is residing at noida,  the contract of agreemnt has been completed  and the cause of action aroused in tamilnadu where it has been initiated and completed. You can very well file case in tamilnadu or noida. or where from the place of city you begin the online transaction.

M.Iqbal Khan Advocate (CEO)     11 November 2010

Yes you have to two option for filing the case civil and criminal

But your main redressal is civil suit against the agency whose office is in NOIDA. Therefore you  can file the case in Tamil Nadu as the cause of action arose where their office is situated and moreover the defendnat are also living in NOIDA under the law of CPC you can not file the case inTamil Nadu. you have to file the case in Noida. if you will file the case in Tamil Nadu your case can be rturned by the court or rejected under order 7 rule 11 CPC


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