Consumer vs. civil court
Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
Isn't it that the case that can be filed in consumer court can also be filed in civil court?
I guess the answer is yes. Then what are the (dis-)advantages of one over the other in terms of following:-
cost of the case
simplicity of procedure
which one is faster?
Should people approach consumer court wherever possible?
Khaleel Ahmed Mohammed
(Expert) 09 February 2011
No. Civil suit can not be filed in the matter of consumer related dispute.
Querist :
Anonymous
(Querist) 09 February 2011
Then how can a (normal) person decide (or who will decide for him) whether his case should be in civil or consumer court?
Which one should he (a normal person) approach?
Isn't it that a person can approach consumer court even without lawyers (of course they add value if involved)?
Advocate. Arunagiri
(Expert) 09 February 2011
The civil court is having concurrent jurisdiction. The consumer court is the best regarding the cost, simplicity, faster.
You can not file the consumer disputes in both the courts. You have to select one forum only.
Querist :
Anonymous
(Querist) 09 February 2011
Thanks but the question remains.......
How a common man will know which court to approach?
Please look at the following thread where most of the experts propose me to approach the consumer court but some of the experts disagree.
http://www.lawyersclubindia.com/experts/Can-I-approach-consumer-court--156351.asp
Guest
(Expert) 09 February 2011
You may agree with expert to whom you has the best faith
Kiran Kumar
(Expert) 09 February 2011
The Consumer Protection Act does not specifically mentions what kind of disputes are consumer disputes.
In fact, Consumer Forum remedy is under a special enactment and is in addition to the remedy available under Civil Law. The jurisdiction of Civil Court is not barred unless and until specifically barred by some special provisions.
The consumer forum litigation is better option because it is cheap, quick and does not contain much of formalities.
Querist :
Anonymous
(Querist) 09 February 2011
So the bottom line, which I also mentioned in previous thread, is that a person should first approach consumer court (in case of doubt) before civil court, and leave it to the judge to accept or reject the case.
If no further comments then I will put it into resolved state.
Amit Minocha
(Expert) 09 February 2011
agree with Mr Kiran Kumar
Parveen Kr. Aggarwal
(Expert) 10 February 2011
Consumer Forum can be approached only for consumer disputes and for none else. However, for consumer disputes also civil suits can be filed. Section 3 of the Consumer Protection Act, 1986 makes it clear that it is an additional remedy and not an alternative remedy.
Generally in terms of cost, simplicity and time taken in disposal, the remedy under the Consumer Protection Act is better.
Kirti Kar Tripathi
(Expert) 10 February 2011
if any dispute has concurrent jurisdiction in two or more forum, the party has a right to choose any of them but he can not file case simultaneously in all the forums, where he has remedies. he has to choose only one forum.
H.M.Patnaik
(Expert) 15 February 2011
I completely agree with the views expressed by Mr. Kirtikar Tripathi.
