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Adv.Manasi (Advocate)     23 July 2013

Interim relief from consumer court

Interim Relief application pending of a client at Consumer Court, the OP (builder) using delaying tactics & not filling WS from 2-3 dates & 8 months have been elapsed. Complaint & IR has been admitted.

The Interim reliefs are necessary to protect the rights of the complainant (Reliefs asked to restrain builder from creating any third party rights in the property)

What application can be filed before the consumer Court to proceed & grant Interim Relief?

Should Pursis or application be filed before Consumer Court to allow the Complainant to file Affidavit of Evidence & proceed for Arguments on Interim Relief application? 

Can any specific section of Consumer Protection act/ CPC be used in the matter?

Please Help.



 7 Replies

Adv.Swapnil (Advocate)     30 July 2013

Can someone help please, Just little guidance is needed.

Thanks

surjit singh (Assistant)     30 July 2013

The  CPC is applicabvle in the Consumer Court,  so if the other party has taken 8 months  you  can file an application for  getting the interim  relief. To me it appears that it was an case of specif performance of contract, and you should lhave file a suit before lthe civil court with a prayer for injunction restraining the other party to create third party right . But since you have already approach he Consumer  Court try to get the interim relief before the court by filing an application .

1 Like

Suri.Sravan Kumar (senior)     10 August 2013

CPC is not applicable fully to C.P.Act. Only  to the extent of summoning the witness, production of docs is applicable. You can file interim petition IA to get interim relief.

1 Like

Adv.Manasi (Advocate)     12 August 2013

Thanks everyone, we have already filed the application for Interim Relief.

Just one more request, some documents attached to the Complaint Application is Email correspondence.

How to produce these mail correspondence in evidence stage before the Consumer Court, Will Affidavite Suffice?

Thanks.

Suri.Sravan Kumar (senior)     12 August 2013

you can file the same through evidence affidavit and mark them as exhibit.

Puneet Gupta (lawyer)     13 January 2014

What happended after this? Did Consumer Court grant interim relief? Pl tell me because I also have a similar issue.

Regards

Binoy Gupta Dr. (Retired Senior Bureaucrat)     23 April 2018

Consumer Forums can and do pass interim orders under Section 13(3B) of the Consumer Protection Act....

Section 13(3B) in the Consumer Protection Act, 1986

(3B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.]


Binoy Gupta

 


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