Which court/forum is more powerful.
Querist :
Anonymous
(Querist) 27 August 2011
This query is : Resolved
in a property case regarding transfer of property(plot) in a co-operative society case
1. civil court dismissed the case for default
as petitioner continuously absent
2. district consumer forum gave verdict in favour of complainent for deficiency of service
3. the respondents filed ARC with Arbitrator/registrar of co-op societies:
case dismissed for default but made an observation that the nomination since accepted by the society it becomes a contract.
4. respondents went to HC, again dismissed for default of absence
5.state forum advised the complainent to
approach civil court.
Please show a way out & comment on the ARC's observation. Can the society be taken to task for not registering the plot of my late father's nominees.which verdict is final & binding on whom.
adv. rajeev ( rajoo )
(Expert) 27 August 2011
Case is gone up to High court and got dismissed, if you filed the civil suit by hiding all the facts, the other side may produce the high court. No use even if you have consumer forum order.
prabhakar singh
(Expert) 27 August 2011
You have labored too much to produce very little on relevant facts,if the case filled in civil court was earlier in date and/or was also decided as dismissed in default for non prosecution of plaintiff earlier in point of time before the order of FORA and if the civil court and fora both had jurisdiction,the things have gone and civil court order unless set aside has achieved finality in view of provisions contained in order 9 rule 9 if the dismissal was made under o9rule8 because of presence of defendant and absence of plaintiff.In case,it was dismissed under o9r2 then in such a case a fresh suit could be filled subject to LAW of limitation as the cause of action once pleaded to have arisen can not be postponed by plaintiff to have a rest and the same in law would continue to run.
A. A. JOSE
(Expert) 27 August 2011
When the civil court has dismissed your suit for default, whether you have filed an application immediately for restoration of the same is not clear. That should have been your first course of action. Anyhow, now relying upon the observations of the State Commission, perhaps, you may take a chance by filing a fresh suit in the civil court.
Guest
(Expert) 27 August 2011
ARC excludes the jurisdiction of consumer and civil court.
Querist :
Anonymous
(Querist) 28 August 2011
Sri Ganesan,lawyer
sir,
can you please give me some references or citations or Acts under which i can prove that "ARC excludes the jurisdiction of consumer and civil court", and which court to approach for declaration of the same or just a notice to the petitioners will do.
