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Sidhhi   20 October 2023

Can Constituted Attorney file claim?

My female friend is a senior citizen and a home maker. Her husband is bit educated and her CA. She was tenant of Bhagwan das Todi Charitable Public Trust and protected under Maharashtra Rent Control Act and vacated her tenancy flat in 2013 when Trust sold the building in 2006 to a group of notorious business persons after filling Consent Terms in Bombay High Court. Since then the the new owners cum developer are delaying deliberately possession of Permanent Alternate Accomodation. They threatened and harrassed with intention to force out and even went to extent of filing fake Eviction Suit in Small Causes Court, Mumbai in 2017 which was later with drawn.

Due such mental agony harrassment and threats husband who is also Constituted Attorney wants to file claim with consumer commission vis Edaakhil.

1)Can it be done by Constituted Attorney.

2) Due to severe finance constraints he can't afford a Advocate immediately but will engage post filing the claim if at all necessary as he is not a legal person. Can he do so?

3) What will be court fee for 2 Crore claim ?

4) Should it be filed with State Commission or Suburban District Forum.

Thanks for your time. Please guide.


Learning

 3 Replies

Real Soul.... (LEGAL)     20 October 2023

There is no need of any advocate to file a consumer complaint

T. Kalaiselvan, Advocate (Advocate)     20 October 2023

A case before consumer commission can be filed through power of attorney agent too.

The court fee for claim amount of Rs. 2 crores to be enquired locally.

 

Advocate Bhartesh goyal (advocate)     21 October 2023

( 1 ) yes, duly authorized agent/poa holder can  file complain before Consumer Commission on behalf of complainant.

( 2 ) court fees for compensation upto Rs 20000000/-is Rs 2500/-.

( 3 ) jurisdiction for filing complaint  Rs 1 crore to 10 crores claim  lies before State Commission  so you haveto  file complaint before State Commission.


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