Sidhhi 27 March 2024

Filing Claim with Consumer Commission during pendency of cases in co-op court and city civil court Mumbai!

My two cases are pending since 2017 in above courts and I have suffered huge financial loss due to foul acts of MC of society (have evidences to sustain the claim)

Is it ok to file claim with Consumer Commission against the society with out waiting for verdict in pending cases.

Please guide. TIA

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Quick Summary

This discussion explores whether it's permissible to file a claim with the Consumer Commission against a housing society in Mumbai while other related cases are already pending in co-op and city civil courts. The user has suffered significant financial losses due to the society's actions and has evidence. Advice suggests that while a consumer claim might be possible if the cause of action falls within the two-year limit, filing simultaneously in multiple courts for similar reliefs might be problematic, especially if the civil case is already underway.

4 Replies

Isaac Gabriel (Advocate) 27 March 2024

Yes.you can file a claim with consumer commission if it fall within the jurisdiction of consumers commission.

T. Kalaiselvan, Advocate (Advocate) 27 March 2024

The cause of action took place in the year 2017 or before, a complaint before consumer commission can be filed within two years from the date of cause of action .

Sidhhi 29 March 2024

Sir Kalaiselven the matter is still live before courts and I m told that claim can be made against society before Consumer Commission. Please suggest.

T. Kalaiselvan, Advocate (Advocate) 29 March 2024

The case before the consumer commission has not been made so far, the cause of action took place in the year 2017 hence the consumer court may not entertain the complaint.

Also as you have approached the civil court and the case is going on, you may not be allowed to claim the similar reliefs in two court simultaneously