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Aritra Show (Student)     07 October 2013

Same case on different court

Dear members'

We had to construct a residential building for his own. In this connection my father engaged a contractor and signed an agreement on Jan 2010. Accordingly, the construction was executed and payment made for the above said purpose. later, after completion of the work the contractor initially give us a bill of Rs 19.5 lacs & my father already paid him 17.5 lacs. But, in the mean time we had found many disputes in the building, when we told him to repair all those disputes first he denied to do that but on giving pressure he did some work. But, the contractor again give us a bill of 22lacs without any justification. And, now he is doing unethical things for the rest amount i.e. 4.5 lacs. In this connection we register our complaint in a consumer centre, they sent him a notice informing him to attend a meeting organized by consumer centre for amicable settlement but after receiving that letter he also sent us his lawyer's notice that he will move court if we don't pay him that amount within 7 days. Also, he had made a GD against my father in police station.Polce informs us that they will charge both of us by IPC 107.Now, we had filed the case in district consumer forum on the very next day of the 7th day given by him (NOTE: the contractor had not attended the meeting fix by the consumer centre). In this regard, I want to know,

1. What if I filed the case on the District Consumer forum and he filed it in Civil sub-divisional court on the same day?

2. Is there any provision to transfer the case if the case will accepted by civil court first.(As I want that the case must be try in consumer court since it is a matter of unfair trade pratice and we are the consumer)

 

Thanking you all in anticipation.



Learning

 2 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     07 October 2013

You can file both case but remedy should be differ if remedy is same case fall down resjudiceta!

Aritra Show (Student)     08 October 2013

Can anyone please give any judgement related or similar to this case. please help me.


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