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srisudha.k (Consultant)     23 March 2017

Jurisdiction of consumer forum for refund of advance

This is to inform that one of my client has booked a flat with a builder and executed a agreement. At the time of execution of the document(unregistred document) my client has paid an amount of Rs 5.00 Lac. For various reasons my client intended to cancel the flat and sought refund of the money. However there is no response from the builder.

There is an arbitration clause in the agreement.

Now Whether my client can persue filing of a consmer case ?

Whether my client can file a consumer case against the builder?

Whether my client comes under the purview of consumer under consumer protection act?

Kindly clarify

 



Learning

 2 Replies


(Guest)
Originally posted by : srisudha.k
This is to inform that one of my client has booked a flat with a builder and executed a agreement. At the time of execution of the document(unregistred document) my client has paid an amount of Rs 5.00 Lac. For various reasons my client intended to cancel the flat and sought refund of the money. However there is no response from the builder.

There is an arbitration clause in the agreement.

Now Whether my client can persue filing of a consmer case ?

Whether my client can file a consumer case against the builder?

Whether my client comes under the purview of consumer under consumer protection act?

Kindly clarify

 

You are seeking advise regarding jurisdiction.  And you have not mentioned which place agreement took place and where is the said flat. and where is the registered office of the flat seller. Clarify for futher replies.

1 Like

(Guest)

You have not replied,  Refer to prospectus and see where the registered office is, quams will go to that particular district forum.


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