UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

SCHOOL OF LAW

SEMESTER 8

B.B.A., LL.B. (HONS.) CORPORATE LAW

DRAFTING of WRITS

MANDAMUS

Submitted to: Mr. Saksham Pradyot

Submitted by: RACHIT MUNJAL

R760215045
500047862

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
INDEX

S. No. Particulars Annexure Page No.

1 SYNOPSIS A-B
2 MEMO OF WRIT PETITION 1-6
3 Copy of Judgment dated 19-04-2010 A

4 English translated copy judgment dated 19-04- A-1

2010
5 Copy of Complaint filed before the Forum B
6 Copy of bank statement of payment of car C

7 Copy of the Report on defect in car D

8 Copy of the RC of the car E

LAST PAGE

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.

LIST OF DATES AND EVENTS

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.

10/01/2010 Mr. Nagalia Sharma filed a complaint in the State Consumer

Dispute Redressal Forum.
19/04/2010 Judgment was passed rejecting the application.

POINTS TO BE URGED

1. Whether the application was rejected without stating the proper reason.

STATUTES REFEERED

1. The Constitution of India

2. The Consumer Protection Act, 1986

CITATIONS REFERRED

At the time of arguments.

Date:

Place:Dehradun

……………………….

Advocate for Petitioner

 IN THE HIGH COURT OF BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO. __________ OF 2010

In the matter of article 226 and 227 of the constitution

of India

AND

In the matter of Judgment dated 19/04/2010

MR. NAGALIA SHARMA

…Petitioner
Versus
STATE CONSUMER DISPUTE REDRESSAL FORUM, UNIQUE CAR DEALERS
AND BMW INDIA
…Respondents
THE HON’BLE CHIEF JUSTICE

AND OTHER HON’BLE JUDGES

OF THE HIGH COURT OF JUDICATURE

OF BOMBAY
 THE HUMBLE PETITION OF THE

PETITIONER NAMED ABOVE

THE PETITIONER ABOVE NAMED MOST HUMBLY SHEWETH AS

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

passed by the state consumer dispute redressal forum.

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

dealers to get it checked and filed a complaint on 28/12/2009.

 Mr. Nagalia Sharma got a reply from the Dealer and BMW, India that there

was no problem found in the car on 3/01/2010.

 Mr. Nagalia Sharma on 04/01/2010 got a report from another BMW

showroom and workshop of the problem in the car.

 Mr. Nagalia Sharma on 10/04/2010 filed a complaint in State Consumer

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

prejudice to one another:

GROUNDS

1. The State Consumer Dispute Redressal Forum rejected the Petitioner’s

application without citing any proper reason.

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

adjudicate the issue involved in the instant Writ Petition.

4. The Petitioner craves leave to refer and reply upon to add, to alter, to amend and to

modify and/or to delete any of the contention raised hereinabove.

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

8. The Petitioner therefore prays that;

 1. This Hon’ble Court be pleased to issue a Writ of Mandamus or any other writ, order

or direction in the nature of Mandamus.

2. Ad-interim with respect to prayer clause (b) may kindly be given;

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

of the case be granted.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN DUTY

BOUND SHALL EVER PRAY

Place: Dehradun

This ......... day of

………………………..

Advocate for the Petitioner

…………………

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

have been explained to me in English.

Solemnly affirmed at

Dated this ....day of

.……………..

DEPONENT

I know and identify the deponent.

Advocate for the Petitioner

Before me