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University of Petroleum and Energy Studies School of Law: in The High Court of Bombay
University of Petroleum and Energy Studies School of Law: in The High Court of Bombay
SCHOOL OF LAW
SEMESTER 8
DRAFTING of WRITS
MANDAMUS
R760215045
500047862
2010
5 Copy of Complaint filed before the Forum B
6 Copy of bank statement of payment of car C
Date:
Place: Dehradun
IN THE HIGH COURT OF BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO. __________ OF 2010
MR. NAGALIA SHARMA
…Petitioner
Versus
STATE CONSUMER DISPUTE REDRESSAL FORUM, UNIQUE CAR DEALERS
AND BMW INDIA
…Respondents
SYNOPSIS
The petitioner has filed this petition to get enforced his natural as well as statutory right by
challenging the judgment dated 19/04/2010 passed by the state consumer dispute redressal
forum.
DATE EVENT
11/12/2009 Mr. Nagalia Sharma bought the BMW I series car from Unique Car
Dealers.
28/12/2009 Mr. Nagalia Sharma filed a complaint with Unique Car Dealers.
03/01/2010 Mr. Nagalia Sharma got reply from Unique Car Dealers and BMW,
India stating that there was no problem in the car.
04/01/2010 Mr. Nagalia Sharma got the report on the defect of the car.
POINTS TO BE URGED
1. Whether the application was rejected without stating the proper reason.
STATUTES REFEERED
CITATIONS REFERRED
Date:
Place:Dehradun
……………………….
of India
AND
OF BOMBAY
THE HUMBLE PETITION OF THE
UNDER:
By the present Writ Petition, the Petitioner is constrained to invoke the extra ordinary Writ
Jurisdiction of this Hon’ble Court under article 226 and 227 of the Constitution of India to get
enforced his natural as well as statutory right by challenging the judgment dated 19/04/2010
1. The material facts giving rise to the present petition are as below:
Mr. Nagalia Sharma son of Mr R caste Arora aged 45 resident of Prem Nagar,
Mumbai bought BMW I series car from Unique Car Dealers on 11/12/2009.
Mr. Nagalia Sharma after driving the car for few day started to have problem
in ignition of the car. And due to which he took the car back to the Unique Car
Mr. Nagalia Sharma got a reply from the Dealer and BMW, India that there
Dispute Redressal Forum but the application was rejected without giving any
proper reasons.
2. The Petitioner states and submits that, in view of the aforesaid facts and
circumstances, the decision of the State Consumer Dispute Redressal Forum is illegal
and unlawful as no proper reason was cited by the forum to do so. Therefore, an order
should be made to the forum to enforce the petitioners natural as well as statutory
right and to give a reasonable judgment. Hence the Petitioners herein having no other
efficacious remedy have come under Extra Ordinary Writ Jurisdiction of this Hon’ble
Court under Article 226 and Article 227 of the Constitution of India on the following
amongst other grounds, which are raised herein below in the alternative and without
GROUNDS
3. It is submitted that entire cause of action has arisen within the jurisdiction of this
Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain and
4. The Petitioner craves leave to refer and reply upon to add, to alter, to amend and to
5. The Petitioner has no other equally efficacious remedy except by way of the present
Writ Petition and relief prayed under this petition, if granted, would be complete and
effectual.
6. The Petitioner has not filed any other petition in this Hon’ble Court or in the Hon’ble
Supreme Court of India touching the subject matter of present Writ Petition.
7. The Petitioner has paid a fixed Court fee of Rs. _______ on the Writ Petition.
Prayer
3. This Hon’ble Court be pleased to grant leave to file the suit before the appropriate
authority.
4. Such further and other reliefs as deemed fit and proper in the facts and circumstances
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN DUTY
Place: Dehradun
………………………..
…………………
Petitioner
V E R I FI CAT I O N
I, do hereby state on solemn affirmation that the contents of paragraph Nos. 1 to 9 are true to
my own knowledge which I believe to be true and correct. The above contents in the Petition
Solemnly affirmed at
.……………..
DEPONENT
Before me