I am for a financial concern. a defaulter took us to the consumer forum and there matter is dismissed after ws, arguements, etc. now I recd. the order copy .can I file any compensation or harassment case against the complainant.
seema sharma ( manager) 15 March 2013
I am for a financial concern. a defaulter took us to the consumer forum and there matter is dismissed after ws, arguements, etc. now I recd. the order copy .can I file any compensation or harassment case against the complainant.
Advocate Bhartesh goyal (advocate) 16 March 2013
You have not mentioned that on what ground forum dismissed the complaintAs per.Sec 26 of Consumer Protection Act,forum has power to dismiss frivolous or vexatious complaint with cost and it seems that you had not taken such objection in your reply of complaintAs the Consumer Forum can award or compensation to opposite party on dismissal of frivolous or vexatious complaint so you can not file suit for damages or compensation.please go through the under mention provision:-
26. Dismissal of Frivolous or Vexatious Complaints
Where a complaint instituted before the District Forum, the State Commission or, as the case may be, the National Commission is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order.
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