Delhi

Central Delhi

CC/73/2012

VARUN ANAND - Complainant(s)

Versus

ATAM ASSOCIATES P. LTD. - Opp.Party(s)

17 Mar 2015

ORDER

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Complaint Case No. CC/73/2012
 
1. VARUN ANAND
877, AWAS VIKAS COLONY, KUNRAGHAT, GORAKH PUR 273008
...........Complainant(s)
Versus
1. ATAM ASSOCIATES P. LTD.
16/1090E, KHALSA NAGAR, KAROL BAGH, N D 5
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. RAKESH KAPOOR PRESIDENT
 HON'BLE MR. JUSTICE S.N SHUKLA MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

ORDER

Per Sh. RakeshKapoor, President

   The present complaint can be disposed of without going into its merits. The OP has raised a serious objection with regard to the jurisdiction of this forum to entertain and adjudicate upon this complaint. It is the case of the complainant that he had placed an order for preparation of samples of labels on the OP and the OP had raised an invoice dated 24.12.2012 for a sum of Rs 1600/-. The complainant has placed on record a copy of the said invoice. One of the terms of the sale in the said invoice is to the following effect: “all disputes are subject to solemn (HP) jurisdiction”. The invoice bears the signature of the complainant for having agreed all the terms and conditions of the sale. It is, therefore, clear that the parties had agreed to limit jurisdiction in respect of any dispute arising between them to a court/forum in solemn. That being so, we are inclined to hold that this forum has no jurisdiction to entertain and try the present complaint.

  For presentation before the appropriate court/forum.

 

File be consigned to record room.

    Announced in open sitting of the Forum on.....................

 
 
[HON'BLE MR. RAKESH KAPOOR]
PRESIDENT
 
[HON'BLE MR. JUSTICE S.N SHUKLA]
MEMBER

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