same relief in 2 proceedings
Legal Fighter
(Querist) 10 October 2008
This query is : Resolved
can i seek same relief in 2 proceedings, one before consumer forum and the other in civil court. pls let me know if there is bar to seek single relief in 2 different proceedings.
Shyam Ji Srivastava
(Expert) 10 October 2008
Dear Manish,
you can not seek same relief in TWO proceedings
Tribhuwan Pandey
(Expert) 10 October 2008
You can avail only one remedy.
You can not invoke two proceedings for one cause of action.
K.C.Suresh
(Expert) 11 October 2008
General answer is not possible. If the nature of the proceedings are different it can be. For eg. a deciplinary proceedings and a criminal proceedings can go together. The relief sought for impoortant. if you want damges from both CF and Cvl proceedings it cannot be. This are applicable to facts and situations. Pl see the intention of the Act.
Legal Fighter
(Querist) 11 October 2008
to be more specific, i had booked a flat in which i got my wife's name included and after that we are having some matrimonial dispute. as i had made all the payments, i asked the builder to give me possession of tha flat but he refused and insisted on joint possession. i have filed a complaint in consumer forum asking for possession and compensation for delay. but there my wife has moved an application for inclusion of her name as a party to the proceedings.
Now i think that the consumer court won't be able to provide me sole possession and i would have to move civil court for suit for declaration of title. as per as i know suit for declaration is not maintainable without seeking relief for possession which i have already sought for in consumer complaint.
now my question is if i have to modify my consumer complaint or can i file suit for declaration of title as it is?
ARVIND JAIN
(Expert) 11 October 2008
YOU HAVE TO WITHDRAW COMPLAIN BEFORE CONSUMER FOURM AND CLAIM POSSESSION ALSO IN CIVIL SUIT.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 11 October 2008
You can avail only one remedy.
you can not seek same relief in TWO proceedings
Legal Fighter
(Querist) 11 October 2008
can i ask for all the reliefs in civil suit which i claimed in consumer forum? pls guide me.
Kiran Kumar
(Expert) 12 October 2008
well primarily u can not seek both the remedies together since both the remedies are civil in nature and having same set of facts and relief demanded.
since ur problem involves a set of evidence to be adduced and proved, i would suggest u to go to civil court, in consumer court u wont be in position to get other ancilliary but necessary reliefs.
Legal Fighter
(Querist) 12 October 2008
so what do u suggest? should i withdraw my consumer complaint and file a suit in consumer court?
Kiran Kumar
(Expert) 13 October 2008
dear suit will be filed in civil court....no suit can be filed in consumer court.
Legal Fighter
(Querist) 13 October 2008
sorry for typo.. i meant civil court only.. where will the civil suit lie? do i have to file it at a place of location of property or can i file it at a place of office of the builder?
Adv.Shine Thomas
(Expert) 14 October 2008
File suit before the civil court where the property situated.Withdraw the complaint from the consumer forum. You can narrate all the claims in the suit including that you have paid the money in the name of the wife and that she was not having so much money to spend, and she could not raise much money at that time etc.
