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ranjan mondal (advocate)     18 May 2019

Consumer case and criminal case can go on same time

unauthorised withdrawl from consumer savings account. In that matter FIR was lodged under section 420 and section406 against bank authority. In the same time cosumer also filed a case in consumer forum against bank authority for unfair trade practice and refund of money. Is the consumer case maintainable in consumer court? Is there any rulling that consumer case is maintaiable though there is criminal case pending?


 6 Replies

G.L.N. Prasad (Retired employee.)     19 May 2019

Consumer forums offer additional remedy and without any doubt, you can proceed.  Search in google for those judgments with keywords  Additional remedy under CP Act".  I also suggest for filing on line complaint in Banking Ombudsman.

2 Like

Ramesh   07 October 2020

If you are facing problem then you should concern lawyer.

Suri.Sravan Kumar (senior)     29 October 2020

 The criminal case is for the offence committed by the bank authorities and whereas the consumer case is deficiency of service/unfair trade practice and refund of money. Hence the relief claimed are different. Hence the consumer case is maintainable. The findings of the criminal court is not binding on the Dist Commission.

Pradipta Nath (Advocate)     01 November 2020

Yes it is maintainable. You cannot get reliefs in Consumer Forum which you can get before the Session Court and vice versa. Beside, no these courts are binding over each other's findings. 

ashok kumar singh (Advocate)     04 June 2021

yes, criminal case and consumer case can  be at a same time, there is no bar under the Consumer Protection Act' 2019

G.L.N. Prasad (Retired employee.)     04 June 2021

There were several decisions both by NCDRC and courts that CP Act is the additional remedy.  There were a number of cases pending with forums and other organizations like Ombudsman, Agriculture dept., weights and measures, and even civil cases.

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