Habeas corpus petition
Thyagarajan
(Querist) 21 June 2013
This query is : Resolved
I had entered into a contract with a developer to provide certain facilities pertaining to my cottage at Kodaikanal. Since the developer did not give the required service I completed them partly by myself and followed a case in Consumer Court/ police for settlement of the money I spent. Half way through the case in person outside the court he agreed to pay the money I spent on a condition that I will sign a compromise agreement in future I will not approach police or judiciary but settle through talks only.I agreed and signed the contract.
I have been in contact with him for completion of service in full. Recently after three months he neither responded to my letters or calls. His office shutter was always down. I gave a police complaint. The concerned police officer replied me that the developer’s company is no more functioning from the address I gave.
Can I file a Habeas Corpus petition; if so before the concerned area magistrate court or the high court?
Thyagarajan
(Querist) 21 June 2013
How will the consumer forum find him?
prabhakar singh
(Expert) 21 June 2013
a Habeas Corpus petition lies only in HIGH COURT.
It lies only when you plead and satisfy court that person wanted has been restrained by some one against his will.
a Habeas Corpus petition DOES NOT lie against any willfully plighter or absconder.
Any case against a plighter is filled on his last known address.
Some time a little knowledge proves dangerous.
prabhakar singh
(Expert) 21 June 2013
Outsmarting experts or showing off with them
may get you with incurables.
Khaleel Ahmed Mohammed
(Expert) 21 June 2013
Contact your local advocate , he will guide you. Self medication is very dangerous.
R.K Nanda
(Expert) 21 June 2013
consult local lawyer.
prabhakar singh
(Expert) 21 June 2013
FOR WHAT NANDA JI?
What is wrong in my answer?
POINT OUT?
R.K Nanda
(Expert) 21 June 2013
consult local lawyer.
Thyagarajan
(Querist) 21 June 2013
I had won couple of case as party in person in Consumer courts with help of experts from Lawyers club;that is why I am approaching sometimes;I will definitely approach the local lawyer for filing a case if it had to be in High court.
Nothing prevents me from filing a case showing last given address in C.Court and it will be accepted.My query was only to know what the Forum's action would be when the notice comes back as party not available in said address.
However I will fail the case as said by Mr.kaleel and wait and see for what happens later on. My intention was not to outsmart experts and if the way I had put the query heart any one that was not intention of mine
Raj Kumar Makkad
(Expert) 23 June 2013
Your query seems resolved after your further clarification on the matter.
