Consumer
Sushil Kumar
(Querist) 20 August 2015
This query is : Resolved
Sir, i have filed case in consumer case in Jammu regarding theft of luggage in 2nd AC, at mathura station around 2:00AM. The Opp. party didnt filed objections the consumer Forum, jammu granted ex parte relief as prayed. Now Opp. Party has filed appeal after 102 days on ground that
1- Jammu court has no jursidiction as theft incident was happend at Agara.
2- i have placed on record orignal bill of the items were lost in bag and all bill having the year date 2010 and incident occured in 2012 , court has granted me full amount as mentioned in the bill- opposite party agitating depriciation point that products has been already used so no full amount to be given if given.
3- in my complaint i have mentioned that the luggage was locked with chain , but in FiR ( GRP & Police station Jammu) this thing has not been mentionedthey are also agigating this point.
Plz guide me on these points, moreover still condonation of application is pending for objections on my side.
Regards
P. Venu
(Expert) 21 August 2015
The Railways have their offices and establishment at Jammu. Hence objections as to jurisdictions is not sustainable in view of the provisions of Section 11 of the CP Act.
Other objections need to be met on merits.
Kumar Doab
(Expert) 21 August 2015
Proceed as advised by Mr.Venu.
Rajendra K Goyal
(Expert) 21 August 2015
Oppose the appeal and condonation of delay application on merits.
Advocate Bhartesh goyal
(Expert) 21 August 2015
Respondent/opposite party has to satisfy the court why appeal has been filed delay of102 days and has to also explained the delay of each day.Strongly made objections in this regard.Mr p Venu has rightly expressed his views in regard to jurisdiction.
Sushil Kumar
(Querist) 22 August 2015
thnkyou sir for your guidance but wht about Fir in which it is not mentioned that luggage wasn't locked with chain..how i am going to satisfy on this issue.
Regards,
