Mentoassociates.com – Legal Articles

There has been a long-standing confusion as to whether the value of goods/services, as the case may be, or the compensation claimed in the complaint, alone will be considered to determine the pecuniary jurisdiction of the appropriate Consumer Forum.

In the landmark judgment delivered by the National Consumer Disputes Redressal Commission, New Delhi, in the case of Ambrish Kumar Shukla & Ors. v. Ferrous Infrastructure Pvt. Ltd., the issue under consideration, which was res integra, was finally put to rest. In this case, it was decided that a perusal of Sections 21, 17 and 11 of the Consumer Protection Act, 1986, makes it clear that the aggregate of the value of the goods/services, as the case may be and the amount of compensation claimed in the complaint, if any, should be considered for determining the pecuniary jurisdiction of the appropriate Forum. The value of the goods/services, alone, cannot be considered to determine jurisdiction. Similarly, only the amount of compensation claimed in the complaint, if any, cannot be considered to determine jurisdiction. Therefore, the aggregate of the value of goods/services, as the case may be, along with the amount of compensation claimed in the complaint, if any, must be taken into account to ascertain the pecuniary jurisdiction of the appropriate Forum.

In the case of immovable property, the question that arises is, whether the market value of the flat/apartment/immovable property, or the price at which the same was bought by the customer must be considered to determine the pecuniary jurisdiction of the appropriate Forum. This was decided as, the price at which the flat/apartment bought, must be considered and not the market value of the same, as the latter is always subject to change and is therefore, rendered as highly unreliable, although the term ‘value’ used in the specific piece of legislation might suggest to be ‘market price’.

Where a class or representative complaint is instituted, the aggregate of the value of the goods/services, as the case may be, along with the compensation claimed, if any, in the complaint will be considered to determine jurisdiction. It was held that the whole object and purpose of a representative complaint would be destroyed if the value of the goods/services and compensation of only an individual customer was considered and not the aggregate of all the customers who have the same interest against the same respondent.

A plethora of cases, namely, Ravi Misra v. Amit C. Prabhu, etc, have followed the decision rendered in this case, and rightly so.

AUTHORED BY:
VISHNU P V
Associate,
MENTO ASSOCIATES.

1) How are children affected by Divorce?
Ans) A Divorce cuts off the relationship between the husband and wife. But no Divorce order can cut off the relationship between the parents and the children. Socially and emotionally, children of divorced parents will have trauma and injury. Irrespective of the custody of children with one parent after Divorce, the other parent will have an access and visitation rights over the children.

2) How to file for a Divorce?
Ans) A Divorce needs to be filed in a jurisdictional family Court, preferably with the assistance of an expert family lawyer. The following points need to be kept in mind before filing of a Divorce petition.
a)Whether the particular court has jurisdiction.
b) Whether any waiting period is there before approaching the court.
c) Whether the petition is under the correct provision of Law.
d) Whether sufficient grounds are urged in the petition.
e) Whether sufficient documents are produced along with the petition.
f) Whether the prayer is properly worded.

3) What are the documents required for a Divorce petition?
Ans) The following are the basic documents required for a Divorce petition in India:
a) Marriage photo
b) Marriage invitation card
c) Marriage certificate (if the same is registered)

4) How long does it take to get a Divorce in India?
Ans) A mutual consent Divorce petition may take about one month if the waiting period of 6 months is dispensed by court. If waiting period is not dispensed, it may take about 7-8 months.
             For a contesting Divorce petition, it may take about 1-1 ½   years to conclude. An exparte Divorce proceeding may conclude within 6-9 months.

5) What is an exparte Divorce petition?
Ans) On filing of a Divorce petition, the Court will issue a notice to the other party for appearance. After the receipt of the notice, if the other side does not appear in the court, the court declares the matter as exparte. Thereafter the matter will proceed purely in a one sided manner and the Court will pass the decree accordingly.

6) How can I find out if a Divorce has been filed?
Ans) By enquiry in the family register of a family court one can find out whether the Divorce has been filed or not.

7) How long should I wait to remarry after Divorce?
Ans) One has to wait for the appeal period to remarry after the decree of Divorce. In India the appeal period is normally 90 days.

8) Are fathers entitled for the custody of children during Divorce?
Ans) A Divorce proceeding normally ends with a decision on the custody of the children. With whom the welfare of the children is best protected, is the yard stick that decides the custody of the children. As per most of the Indian personal Laws, father is the natural guardian of the minor. However mothers are usually preferred by Indian Courts to give the custody of the children. However this does not rule out entitlement of the father to get the custody of the children in appropriate cases.