prabodh kumar patel (advocate) 09 November 2008

Power of Consumer Forum

X is owner of a vehicle financed by a private finance co. Two nos of EMIs were wrongly credited to someone else's account instead of X's account.

Thereafter X defaulted in three EMIs. The finance company started Arbitration basing on the wrong account of 5 defaulted EMIs instead of 3 EMIs.

Now X filed complaint before Consumer Forum for wrong credit of his EMIs

Whether Consumer Forum can pass order to stop the arbitration proceeding which is based on wrong amount claim?

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9 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 09 November 2008

The District Forum has powers to adjudicate a complaint even after arbitration proceedings are initiated.

prof s c pratihar (medical practitioner &legal studies) 09 November 2008

dfc on appearence of opposite party direct them to settle the dispute. there is some wrong in information and understanding.time if court cant be misutilised by any of the parties.

Manish Singh (Advocate) 10 November 2008

both the subject matters are different rom each other so can carry on separately.

prabodh kumar patel (advocate) 10 November 2008

Thank you all for your valuable opinion.

Both the proceedings can run at the same time but,

whether Consumer Forum has the power to pass order to stop the arbitration proceeding?

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 12 November 2008

District Forum has no powers to stop arbitration proceedings.

V.V.RAMDAS (Advocate) 16 November 2008

Mr M. Piravi permal has given correct and appropriate answer. Thank you sir.

V.V.RAMDAS (Advocate) 16 November 2008

Sir,

Any body of you can give me correct citation or details of the case about the 20 paisa tea case filed against G.M., south Central railway by a student who was travelling in A.P express from Secudrabad to Nizamuddin. It was initially decided by the Rangareddy District Forum and subsequently went upto Supreme court and the Hon'ble Court Upheld the District forum's order and fine was imposed and it was deposited in the govt. exceqer.