Consumer protection act

Satya nand aggarwal (Querist) 25 April 2021 This query is : Resolved
whether the complaint can be filed before consumer court when the civil suit is pending of the same matter

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 25 April 2021
No.when the same matter is already pending before civil court ,complaint before Consumer Forum id not maintainable.

Sankaranarayanan (Expert) 25 April 2021
Yashwant Rama Jadhav and Anr. v. Sahukat Hussain & Ors. please refer the case

Shilesh Patel (Expert) 25 April 2021
you are barred by the law to file the same complaint before any other court.

P. Venu (Expert) 25 April 2021
Law prohibits multiplicity of proceedings.

kavksatyanarayana (Expert) 25 April 2021
It is not possible to file a case in multiple courts.

Pradipta Nath (Expert) 26 April 2021
Same matter! This 'same matter' has to be dealt with clarity. Otherwise you can't lodge multiple proceedings on the same cause of action.

Hemant Agarwal (Expert) 26 April 2021
1. Consumer Protection Act provides "ADDITIONAL REMEDY" and not "alternative remedy".

2. By virtue of above, "same matter" can be filed in Consumer Forum (Court), with proper declaration proceedings. However multiple claims /compensation /damages shall legally remain non-tenable & infructuous.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

ashok kumar singh (Expert) 26 April 2021
yes, you can file consumer complaint on the self same cause of action, as the Consumer Protection Act is not in derogation with any other law for the time being in force.

thanks

ashok kumar singh (Expert) 26 April 2021
Read
The Consumer Protect Act 2019

the earlier Consumer Protection Act' 1986 has repealed.

ashok kumar singh (Expert) 26 April 2021
in the event your disputes is a consumer disputes, and the respondents are the service provider, and deficiency in services, defects in goods, etc. and or unfair trade practices at behest of the respondent/s occurred, in such event it is much necessary and advisable to prefer your complaint before the Hon'ble District Consumer Disputes Redressal Commission. Any Suit or the Criminal proceeding between the parties on the relevant facts and circumstances between them does not bar or prevent to place an application of consumer complaint under the Consumer Protection Act' 2019.
Thanks

Satya nand aggarwal (Querist) 26 April 2021
The matter is seems to be complicated as the experts gave different views.I have gone through the judgement referred by Mr. Sankar Narayanan. and the opinion of Hemant aggarwal and Ashok kumar singh. I think it is clear that the remedy is not a alternative, rather it is an additional remedy.
Thank you very much all of you.

P. Venu (Expert) 26 April 2021
Para 6 of the Order provides the ratio of decision:

"6. Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even if two remedies, one before the Civil Court and the other before the Consumer Forum are available, it is for him to decide as to which remedy he wants to avail. Admittedly, the respondents had entered into agreements with the complainants/appellants, agreeing to construct flats for them and give possession of the said flats. Therefore, a relationship of consumer and service provider came to be created between the parties as soon as the aforesaid transaction was entered into. In fact, the agreements were later got registered also. The relationship of consumer and service provider does not come to end on account of one of the parties cancelling the said agreement. If deficiency on the part of the respondents in rendering services to them is proved, the complainants/appellants would be entitled to appropriate relief in terms of the provisions of the Consumer Protection Act. In fact, this is not even a case where a person having already approached a Civil Court, at a later date decided to approach a consumer forum. Here the remedy before the Civil Court was initiated by the respondents and not by the complainants/appellants. The jurisdiction of the consumer forum is not ousted on account of a Civil suits having been instituted by the respondents, even if the subject matter of the said suits is the same agreement which is the foundation of the consumer complaint."

Obviously, it is not open to the complainant to file actions before the civil court as well. However, he is not prevented from approaching the consumer court when he only a defendant in the civil action filed by the opposite party.