Is suit not possible?
Mohan
(Querist) 08 June 2012
This query is : Resolved
Dear Experts:
Details of my Sale Agreement:
Clause 23 of SA : "Without prejudice to the rights under this Agreement each of the parties are entitled to seek specific performance of this agreement"
Clause 19 is the Arbitration clause and Clause 22 says jurisdiction for all action will be at Bangalore only.
If I file a SP suit will it be admitted? Can I file at consumer forum Delhi?
ajay sethi
(Expert) 08 June 2012
under terms of agreement it is specifically provided that jursdcition will be at bangalore only .you have signed agreement it is binding upon you .
it is better to refer dsputes to arbitration as provided under the contract
how can you file consumer complaint in delhi ? what part of cause of action has arisen in delhi?
Mohan
(Querist) 08 June 2012
Sir,
Suit value is > 1 cr. So, I can go to NCDRC directly? But is this too barred due to the arbitration clause ? What does clause 23 mean? Can I file for specific performance?
adv. rajeev ( rajoo )
(Expert) 08 June 2012
instead of consumer forum it is better to go for arbitration because arbitration clause is there.
J K Agrawal
(Expert) 09 June 2012
You can file a suit for specific performance before an arbitrator.
No case of consumer made out if to sell property is not a business of seller. ( Means if you purchased plot form a builder/ colonizer who generally deals in property, you can to to consumer forum and not otherwise.)
For specific performance, The jurisdiction is only there where the property situated. Any thing contrary in agreement is of no value.
Complaint in Consumer forum can be where the defendant lives or where cause of action arises. In your case it is Delhi only.
Be aware that if your case at Consumer Court looses. You may loose limitation to file a suit of specific performance up to that time. You will be help less then. Advised to engage really a good civil lawyer.
Arbitration clause is no bar to jurisdiction of Consumer Forum because there the terms of contract are not gone through. They are looking only that if any deficiency in services was there or not. Clause of arbitration is for civil remedies only and not for a complaint.
mukesh Gupta
(Expert) 10 June 2012
Mr. Agarwal's views are comprehensive. I agree with the same.
Shonee Kapoor
(Expert) 20 June 2012
nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
