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Advocate Vaishaly
Verified
4.0 | 2+ user ratings
Janakpuri,
Delhi
3 years ExperiencePractice Areas
Consumer Court
Documentation
Courts
- Delhi High Court
- District Court, Karkardooma
- District Court, Patiala House
- District Court, Rohini
- District Court, Tis Hazari
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Questions Answered by Advocate Vaishaly (25+ answers)
Q: Is the case is admissible or not in the NCDRC
Its an proprietorship firm involved in construction business, there is case of deficiency of service from bank side, the claim amount is more than 2cr. , the party approached to district forum, but the forum rejected by stating that it is out of pecuniary jurisdiction of district court, in this matter can party approach to National forum ? is this the case of consumer court or commercial court ?
Advocate Vaishaly answered
Since the claim amount exceeds ₹2 crores, the District Commission has rightly declined jurisdiction. The appropriate forum would be the National Consumer Disputes Redressal Commission (NCDRC), if the matter qualifies as a consumer dispute.However, as the complainant is a proprietorship firm engaged in construction business, if the services were availed for commercial purposes, the case may not be maintainable under the Consumer Protection Act.In such a situation, the remedy would lie before the Commercial Court.Advice: First determine whether the transaction is a consumer or commercial dispute, and then proceed before the appropriate forum accordingly To determine whether it is a consumer or commercial dispute, the key factor is the purpose of availing the service:If the bank service was taken for personal use or for earning livelihood by self-employment, it will be treated as a consumer dispute.If the service was taken for business/commercial activities (like construction business operations, investment, profit generation), it will be a commercial dispute, and not maintainable under consumer law.In case of a proprietorship firm, courts examine:Nature of transactionScale of business.
Frequently Asked Questions about Advocate Vaishaly
Can Advocate Vaishaly represent me in court?
Yes, Advocate Vaishaly can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Vaishaly?
When you meet with Advocate Vaishaly for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Vaishaly?
Before your initial consultation with Advocate Vaishaly, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Vaishaly?
During your initial consultation with Advocate Vaishaly, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Vaishaly?
It is important to communicate with Advocate Vaishaly regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Vaishaly?
The cost of hiring Advocate Vaishaly can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.