S.K.DUBEY, B.L.KHARE, PRAMILA S.KUMAR
B. M. SINGHAL – Appellant
Versus
TRACK ON LINE, NET-4 INDIA PVT. LTD. – Respondent
Mr. Justice S.K. Dubey, President—This appeal is directed against the order dated 24.8.2001 passed in Case No. 765/2000 by the District Consumer Disputes Redressal Forum, Gwalior (for short the “District Forum”) whereby the complaint to claim compensation of Rs. 2,00,000/- for deficiency in service in not registering domain name by the respondent was dismissed holding that the District Forum at Gwalior had no territorial jurisdiction to entertain the complaint.
2. Admittedly, in pursuance of the advertisement published in Times of India dated 5.7.2000 by the respondent in the caption “Welcome to Great Domains.com The World’s #1 Domain Name Marketplace Millions of Names Available for Sale”, the appellant sent an amount of Rs. 650/- by demand draft by registered post on 10.7.2000 to the respondent at Delhi for registering his domain name “Unique Trade.com”. However, the appellant received e-mail that the draft has not been received by it which be sent within a period of 20 days failing which the trade domain name will not be registered. The appellant thereafter sent a duplicate bank draft by registered AD post on 9.8.2000 at Delhi; acceptance of which was communicated on website
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