Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Thirumalai Dasan K   06 September 2023

Consumer case at state forum

A consumer case has been argued in the state forum since July 2016. Now my advocate says the forum "took a decision that if its refund mean-order otherwise may be fixed to go to civil court." My query to the experts is: Is it feasible for the forum to refer to the civil court or direct the petitioner or respondent to go to the civil court?


 8 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     07 September 2023


The complaint shall be adjudicated by concerned State Consumer Disputes Redressal Commission but shall not be transferred to civil court. 

Real Soul.... (LEGAL)     07 September 2023

If the matter pertains to customer realted and falls under jurisdiction with consumer forum why would that be referred to civil court that too after seven yers. COnsumer courts don' take so much of time to settle a case, your advocate is fooling you . Change him 

Thirumalai Dasan K   07 September 2023

Thank You Experts

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 September 2023

Your advocate is either ignorant of law or he is trying to fool you. Consumer Courts and Civil Courts are two different channels and both are ultimately under the Supreme Court only. The consumer court whether it is the District Forum or the State Commission will give an order only. They cannot on their own transfer a case to a civil court. Get a copy of the order of the Consumer Court either through the lawyer or directly. 

1 Like

P. Venu (Advocate)     07 September 2023

Yes, the Consumer Court has no powers to transfer the case to a Civil Court. However, any definite suggestion requires that the Order be perused and issues discussed.

Thirumalai Dasan K   07 September 2023

Thanks a lot, experts. 

LCI Thought Leader Rajesh Tandon ( Col (Retd))     15 September 2023

The Consumer Forum does not have the power to transfer the case to a Civil Court. The award will be made by the Consumer Court only.  Get a copy of the order of consumer court.

The only remedy is that the State Commission might transfer the case from one District Forum to another District Forum under Section 48 of Consumer Protection Act, 2019. 

48.  Transfer of cases. - On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before the District Forum to another District Forum within the State if the interest of justice so requires.

However, the power under Section 48  is also discretionary. 

Thirumalai Dasan K   15 September 2023

Thank You.

The case is pending at State forum only

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register