Querist :
Anonymous
(Querist) 03 September 2023
This query is : Resolved
A person was fined for Rs 100000 in Consumer Court for unfair trade practice. Can the complainant file a case under sec 420 in police station or Court for the same offence.
If someone has already been fined by the Consumer Court for an unfair trade practice, it's still possible for the complainant to file a separate case for cheating under Section 420 of the Indian Penal Code. While the actions might appear similar, the offences themselves are distinct, much like violating two different laws with a single act. Therefore, pursuing both a consumer court award and a criminal complaint for cheating is permissible.
T. Kalaiselvan, Advocate
(Expert) 03 September 2023
The complainant has already approached the consumer forum and got the award as well, however he cannot be restricted to approach police with a complaint for cheating under section 420 ipc.
Sudhir Kumar, Advocate
(Expert) 03 September 2023
action may be same but offenses are different.
i.e. one enters reserve forest with unlicensed gun. with same action he is violating two laws.
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