Where case can be filed in case of Real Estate cheating
SmartCity Builder company is registered in Delhi (but given the wrong address). They have no office in Delhi. But they have branch office in Patudi (Haryana) and cheating done on project launched in Tijara, Alwar (Rajasthan).
The allotment letter which they had given shows both the address i.e. Patudi (Gurgaon, Haryana) and Alwar (Rajasthan). The two out of three Directors are living in Patudi (Gurgaon, Haryana).
The allotment letter states that Jurisdiction will be in Alwar Rajasthan if disput arises.
Below is the extract of Consumer Protection Act, Point 11
Jurisdiction of the District Forum.—(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Since I am leaving in NCR so I want to know, if -
1) Consumer case can be filed in Delhi
2) if FIR can be filed in Delhi.
3) Since they are living in Patudi (Gurgaon, Haryana) and have Branch office in Patudi so can't we go to the District Forum, Gurgaon (as value is less than 20 Lacs).
4) Please advise any lawyer who can take up the case.