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tv subramanyan (accountant)     25 September 2013

Approaching consumer court while civil suit is pending

i had taken an educational loan of 150000. the asked for repayment of 2700 in 60 instalments  thinking that i had borrowed 630000. when asked for clarification, they sent another statement asking for repayment of over 240000. my request for a detailed statement of a/c got no response. they did not issue any legal notice and have filed a civil suit.

i am proceeding to defend myself on the ground that the bakers did not issue a statement of a/c bifurcating the principal and interest dues and no legal notice was given before filing the suit which is against the principles of natural justice.

Now i want to approach the consumer court for deficiency of service for the refusal to issue a statement of a/c

and harrasing me for forcing to make payment without details of my liability of principal and interest.

am i entitled to approach the consumer court?  should i wait till the civil suit is disposed which may take years? 



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 3 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     26 September 2013

After withdraw the civil case you can file

tv subramanyan (accountant)     26 September 2013

the bank has filed the case without giving me statement of a/c. i cannot withdraw the case. they may take years to complete the case. is there no limitation for approaching the consumer court?

Dibakar Ray (Advocate.)     26 September 2013

Hi,


The Bank have filed the civil suit for recovery of the Money which is a separate cause of action.

You can always approach the consumer forum asking for damages on account of deficiency of service against the Bank. There is no bar on the same.


You can refer the judgement Sat Pal Mohindra vs Surindra Timber Stores, 2000 (1) ALT 2 SC, (1999) 3 CALLT 74 SC, wherein supreme court have held that 

"filing of the suit by the respondent during the pendency of the proceedings before the Consumer Forum for a different type of relief could not oust the jurisdiction of the Consumer Forum"

Regards,

Dibakar Ray

The judgement attached.


Attached File : 355096588 sat pal mohindra vs surindra timber stores on 12 april, 1999.pdf downloaded: 100 times

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