Consumer court
ashok pathak
(Querist) 28 December 2011
This query is : Resolved
Dear friends ,i owns a construction company and i undertook work for a doctor to make a hospital.he has stopped my payment and i m planning to file recovery suit.He has bad intentions for my payment so he filed consumer case against me before i do .
my question is ,can this doctor file a case in consumer forum when he is making this hospital for commercial use ?can i file recovery suit in parallel to this case ?
M.Sheik Mohammed Ali
(Expert) 28 December 2011
yes, both are having rights to claim their rights, but whos side have fact will decided only at court. either consumer court or civil court.
prabhakar singh
(Expert) 28 December 2011
you can file your suit.His complaint lies OR NOT CAN BE JUDGED ONLY AFTER EXAMINING THE AGREEMENT BETWEEN YOU AND HIM.
Nadeem Qureshi
(Expert) 28 December 2011
Dear Ashok
the doctor filed a consumer case against you for the purpose that you service is not good or as a consumer he is not getting good service afterpaying the amount. when you file the recovery suit against him then he ahs the good defence in this suit.
file the suit & fight in consumer too wait & watch. dont worry if you have not bad intention& demand your right then you will be win.
feel free to call
Deepak Nair
(Expert) 28 December 2011
Dear Ashok,
You can go ahead with your recovery suit against him. Meanwhile you fight the consumer complaint.
The consumer complaint is no bar to file recovery proceedings.
Devajyoti Barman
(Expert) 28 December 2011
Complaint under consumer is not maintainable if the services hired were for commercial purpose.
So you stick to your case and make a petition for deciding the maintainability of the consumer case.
M V Gupta
(Expert) 29 December 2011
Mr. Ashok is acting as contractor to build the hospital building for the Doctor. Hence the Doctor is a consumer for the purposes of the Act. The Complaint filed by him in the consumer forum is definitely maintainable. Notwithstanding this Mr Ashok can file suit for recovery of his money for the work done.Pendency of the complaint in the consumer forum is no bar for the suit for recovery of the dues.
Dr J C Vashista
(Expert) 30 December 2011
Both of you can approach the Court on your issue(s), no one can stop.
Whatsoever, the doctor has every right to get the job completed, if not can move to Consumer and/or Civil Court. But in your case you may get your amount recovered through civil court, even the doctor may file a counter-claim therein
