SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(UK) 33

K.D.SHAHI, SURENDER KUMAR
Swami Chandra Shekhar Anand Saraswati – Appellant
Versus
Lovely Stores – Respondent


Advocates Appeared:
Sh. S. K. Gupta: for Appellant Sh. H L. Khanna:for Respondent

JUDGMENT

1. This is an appeal by the complainant against the order dated 23.5.2000 passed by the District Forum, Dehradun dismissing the complaint of the complainant on the around of jurisdiction. At the very outset we want to say that jurisdiction is to be decided on the plaint or complaint allegation. For that, the written statement is not to be seen. Secondly to succeed in the case is different thing. If the complainant is unable to prove his case, his case will fail but on the allegations of the complaint, it will be decided whether the Forum has jurisdiction or not. Initially it cannot be decided that after-all on merits, the complaint will fail.

2. The facts of the case are that the complainant filed this complaint alleging that for the past several years with a view to boost its sales M/s. Lovely Stores, Main Bazar, Rishikesh had been collecting security deposit amounts ranging from Rs. 500/- to several thousands depending upon the paying financial capacity of its potential customers. On the security deposit amounts of the customers the stores credited every month an interest amount (ranging from 1 % to 2%) in the note-book/passbook of the customers. Against the interest amou









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top