• Filing in consumer court

Hello, my wife and I jointly purchased a property in Bangalore and now we want to file a complaint against the builder in the national forum. Sales agreement has both mine and my wife's signatures.
We are residents of Bangalore. My wife can't travel to Delhi. Can I file the complaint alone in Delhi on behalf of both myself and wife?
Asked 11 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

Wife needs to execute POA in your favour authorising you to file complaint 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

You can take power of attorney from.your wife to.sign on her behalf and you both can be complainant no. 1 and 2 in the commission.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

execute POA in your favour then you can file complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Yes, she can authorize you through POA to file on her behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Hello, 

yes you can file the same alone on your name.

You are also not required to travel to Delhi for the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

1. To file and conduct a case in consumer fora your personal presence is not required as long as you engage an advocate.

2. So if you engage an advocate you can send him through post signed petition on receipt of which your advocate can represent you on your behalf in which event presence of neither of you is essential anymore.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Dear Sir

        You can file consumer case on your behalf and on behalf your wife if you take power of attorney .

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

Hi

Firstly, the pecuniary jurisdiction needs to be looked into, i.e., whether it falls under State Commission / National Commission.  If it is addressed in that case, the reply would be :

Yes you can file the same on behalf of your wife also.

There is no need even for you to travel to Delhi.

If you hire an Advocate he can take care of the same.  In case if you want to do it yourself, you have to be  present.

You can do it yourself since both you and your wife have common interest in the subject matter.

Need be, you can take authorization from your wife and proceed.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

You can't file it in Delhi as cause of action in Bangalore. If you can prove that if cause of action is in Delhi you can do the same

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

You don’t need to be physically present in Delhi to prosecute this matter. Even evidence is on an affidavit and does not require your physical presence. And that affidavit too can be sworn and attested in Bangalore.

In other words, you can have both your wife and yourself as co-complainants without having her to endure the rigmarole of travelling to Delhi.

I hope you know that for you be able to file a complaint with the NCDRC the claim needs to be upwards of 1 crore. 

General information pertaining to the filing of a consumer case (read: complaint) with the NCDRC, in case you aren’t aware, is available on the commission’s website: http://ncdrc.nic.in/cc.html.

 

Pulkit Chandna
Advocate, New Delhi
171 Answers
3 Consultations

4.9 on 5.0

You can file the complaint with her signatures in the papers, and yo can travel alone to Delhi for filing this case.

Alternately you can get a POA deed signed by her for this purpose authorising you to conduct the case on her behalf too.

 

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Yes can get a special power of attorney from your wife for filing the complaint with national consumer forum.

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

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