Laws laid down by supreme court
JURISDICTION OF CONSUMER CURTS IN HOUSING MATTERS
JURISDICTION OF CONSUMER FORUM IN
HOUSING MATTERS
Neha Singhal
Vs
M/s. Unitech Limited
‘, that fact alone cannot suffice to oust the
territorial jurisdiction of the (Delhi) State Commission to adjudicate upon the
complaint, in view of the specific provisions of section 11 (2) (b) of the
Consumer Protection Act, 1986 (‘the Act’). To emphasise, the clause relating to
jurisdiction of “courts” in the agreement between the parties cannot by itself
over-ride the statutory right of the appellant/ complainant conferred by the
above-mentioned provision of the Act – that would defeat the purpose and object
of the Act. This view is also in accord with the provisions of section 28 of
the Indian Contract Act, 1872 (as amended with effect from 8th January 1997).’
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