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Sudhakar Mishra   22 November 2023

Can consumer be return sue by "service provider"?

I have filed a consumer case against service provider after serving legal notice to him. I am curious to know what if I lose case, in such case can service provider in return file case against me on any ground such as recovery of legal expenditure due to case etc.?



Quick Summary
If you file a consumer case against a service provider and lose, it's generally unlikely they can sue you in return. You haven't committed a crime by seeking relief for a grievance. However, if the case was demonstrably fraudulent or initiated with malice, the service provider might have grounds to sue for defamation or other damages, but this is rare.

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 November 2023

Did you file the case without facts?  Why do you have a doubt?

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

You have filed a case against the service provider, but by filing this case you have not done any crime against him, instead you were looking for relief towards your grievance.

Hence, even if you lose your case, he cannot sue you without any base except that if it was really fraudulent case then he may sue you for defamation

Dr. J C Vashista (Advocate )     23 November 2023

Generally no case is filed against loser consumer 

P. Venu (Advocate)     30 November 2023

There is nothing to be concerned if the proceedings have been initiated without any malice.


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