Consumer court and civil recovery suite: can i file both?

Originally posted by : Suraj
	HI All,   I have booked a flate and gave money against booking . I got all papers like form, reciept and cheque copy for teh same. I laos paid some money to builder company without any agreement and reciept  but as i have proof of money given. I am just wondering if i can file a case in consumer court as well as  recovery suite for recovering the money. Please let me know if i can file both cases for relief ?

For which reasons and on what grounds you wish to sue in both consumer, civil court?

Recovery suite : for recovery of money for flate and additional without agreement

Consumer court : for deficiency of services hence section 12(1).

You may file consumer complaint as in that case you will not be burned by payment of court fee. Consumer case is more efficacious in comparison to civil suit. There is no bar in filing civil suit also if you suffered damages and losses but it is a lengthy process.

Thanks Sidharth

Agree with expert Sidharth.

you have right to file suit for recovery. 

manoj

advocate

8686159292

you have right to file suit for recovery. you dont have right to file suit in consumer court as the real estate and flat disputes will not come under the consumer court. For the sake of SCENARIO If you purchase a mobile phone if the phone is not working properly as per the terms and conditions in the guarantee card then the case will come under consumer court cases. but your case is not coming under this transcation. So you have only remedy to file a suit in Court but not in consumer court

manoj

advocate

8686159292

You may choose as advised above……..and supported by Mr. Bhartesh Goyal.

when there is no receipt or agreement by the builder for amount received, he is not having chances to file suit in consumer court. But he may succeed in other proceedings. he has right to file criminal complaint starting from the inception the builder intention is to cheat his customer by way of not giving reciept to the customer. This is also comes under cheating. If the transcation is stopped due to some other reason in the middle of transcation there is no criminal remedy to the customer, here the builder not given the reciept or agreement to the customer starting from the inception the builder intention is to cheat the customer       mens rea is attracted , I hope with out the receipt of amount received by the builder there is no chance to win in consumer court. He can file criminal complaint to take necessary action against the builder.  

 

Manoj

advocate

8686159292

First of All You cannot go into consumer court as you have already told in query that you dont have any agreement or reciept pertaining to your Booking , you can only file recovery suit for your money nothing more that that and dont worry for court fee, you will get court fee back on application after you win that case,