Kolkata advocate (Advocate) 05 June 2019

Transfer of suit from consumer court to Drt

If consumer court dismisses a suit on maintainability ground at the time of hearing and same issue is pending in Drt as well, where complainant filled both the suits against bank, can he again appeal in state commission against district forum judgement to set aside the order and appeal to focus on the deficiency in service that bank commited as it is not derogatory to Drt, or he should he apply for transfer of the suit to drt, so that all legal issues that were raised before connsumer court are considered in drt without being dismissed in consumer court? Where the consumer/plaintiff/ appellant can apply for transfer of suit? In High court or state commission?

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Suri.Sravan Kumar (senior) 05 June 2019

consumer forums have no power to transfer the complaint to DRT. State Commission is only empowered to transfer the complaint to another Dist Forum only. If you feel that the relief you are seeking before the consumer forum as well as DRT are different you can prefer appeal against the order of the Dist Forum to State Commission.

Kolkata advocate (Advocate) 06 June 2019

OK..if state commission also dismisses the case can I appeal not to dismiss the case, and to club both the suits together, so that all of the ground foe grievances are considered in Drt. I'm afraid my OP has done severe malpractices which I mentioned in consumer court, but not all of them are mentioned in Drt..moreover, parties in both the suits are different.. Can I club them together to get proper justice?