Revision Petition in National Consumer Dispute Redressal Comm

Querist : Anonymous (Querist) 01 April 2011 This query is : Resolved
Sir/Madam
Revision Petition has been filed against the orders of District and State comm. Where Specific Performance was not prayed.
Can specific performance be claimed in Review petition by amendment of suit PL. inform
Thanks and Regards

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Raj Kumar Makkad (Expert) 01 April 2011
Specific performance is a relief which can be claimed only through civil court whereas you had filed complaint complaint so there is no scope to add this relief in that complaint at any stage of appeal or otherwise at lower level.

adv. rajeev ( rajoo ) (Expert) 02 April 2011
Yes I do agree with Raj Sir, but in our Dist., Consumer forum complaint filed on the basis of agreement of sale are allowed. In the revision petition you cannot pray for the reliefs except what you have prayed now.

Devajyoti Barman (Expert) 02 April 2011
Specific reliefs as far as unfinished works, registration of deed of sale etc are concerned are allowed under Consumer Protection Act. But under it you can not ask the seller to complete the sale if the seller is not a service provider.

Advocate Bhartesh goyal (Expert) 02 April 2011
No,Belated attempt to insert some facts,not tenable and maintainable under law.

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