No relief from consumer forum if case is in court | mumbai | Hindustan Times
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No relief from consumer forum if case is in court

mumbai Updated: Mar 14, 2012 00:55 IST
HT Correspondent
HT Correspondent
Hindustan Times
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If a person approaches a court over a dispute, he should seek compensation from the same court and cannot move the consumer forum for compensation over the same dispute, held the state consumer commission while dismissing four complaints.

The complainants had moved the city civil court against the opponents who had allegedly violated the conditions of their agreement and failed to provide services as promised.

The complainants had asked that the opponents be directed to abide by the terms and conditions of the agreement and provide service as promised. They also moved the respective consumer forums for compensation as the opponent failed to provide services.

When the complaints came up for hearing before consumer forums, they were adjourned sine die till the case filed before the city civil court was decided. The complainants then moved revision petitions before the state consumer commission.

The commission dismissed the complaints terming them as “not tenable in law.” Compensation claimed in the consumer complaint and in the civil suit was arising from the same dispute.

“A separate proceeding arising from the same dispute is not permissible. On the contrary, it is likely to result in conflicting decisions and all the relief shall be claimed in the same proceeding,” the commission held.

The commission dismissed the complaint stating that they may prefer a claim for compensation from the city civil court.