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Jayanti Devi (Student)     03 September 2025

Consumer vs civil

in a money refund case from a devekoper for a flat, can 2 cases run simulatenously run in parallel for same cause of action ?

can the 2 cases be run in 2 different courts with 2 different prayers ?



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     03 September 2025

Two different cases with different prayers can run simultaneously

R.K Nanda (Advocate)     03 September 2025

Academic question and thus ask from your law professor. 

Two cases can't run simultaneously on same cause of action. 

Dr. J C Vashista (Advocate )     04 September 2025

Yes, both the cases can run concurrently on the same cause of action. 

What is the advise of your professor / guide/ tutor / coach ?

Frequency of posting such academic question(s) by the author have been prima facie improved.  

Jayanti Devi (Student)     04 September 2025

some are saying that 2 cases cannot run concurrently on same cause of action while few are claiming that they cannot run simultaneously...

which means there are 2 sides and they are exactly opposite..

now, how can law be such qualitative that for the same question there are 2 exactly opposite answers ?

this means that no-one knows he actual law completely...

kavksatyanarayana (subregistrar/supdt.(retired))     04 September 2025

As the case is running in two different courts, it can run simultaneously.  No one knows the actual law; what is said is not correct, but some different opinions of lawyers.  If all say one thing, then there is no question of a case/pleading.

Jayanti Devi (Student)     05 September 2025

running simultaneously is not the issue.. but the thing is opponent will mention this in their written statement that they are being harassed with the same claims from 2 different summons and they might ask for compensation..

also, in timesofindia an article has come out that flat buyers cannot claim refunds in RERA and consumer with same cause of action and same refund relief.. so that is illegal.. 

but this is consumer and civil 2 different courts but same cause of action and same relief of refund.. legally nowhere it is wriiten it is illegal but both places there is a process of written statement where defendant might complain and ask for compensation..

T. Kalaiselvan, Advocate (Advocate)     07 September 2025

Yes you have read it rightly that you cannot simultaneously claim a refund from the same dispute with a builder in both a Consumer Commission and a Civil Court, as the law generally prohibits litigating the same issue in two different forums at the same time. While both Consumer Commissions and Civil Courts can provide relief for a builder's deficiency, it is best to choose one forum to avoid conflicting rulings and for efficiency. However, you may have the option to pursue a different type of remedy or a related grievance in a separate forum. For example, you could seek a refund in a Consumer Commission and then, if that fails, seek to enforce the order in a Civil Court, or you could explore different remedies, such as filing a separate complaint with the Real Estate Regulatory Authority (RERA). 


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