shoaib (Advocate) 06 September 2012
If the complaint filed under section 12 of Consumer Protection Act, and the relief sought therein is totally of Specific in nature. Can we take defence that the complaint is not maintainable as Consumer Forum has no jurisdiction to entertain complaint of the nature of specifc in nature as it is an equitable relief which could only be descretion of Civil Court and hence the complaint deserves to b dismissed on that count alone. Please resolve my query with Judgments
Advocate Bhartesh goyal (advocate) 08 September 2012
Firstly you have to establish that there exists relationship between you and opposite party as consumer and service provider..Secondly if the relief sought in complaint is of such type that can not be decided in summary proceedings and requires oral evidence{chief and cross examination} then it can not be decided by consumer court and can only be decided by civil court.
kumar sachin (lawyer) 16 September 2012
if the complainant is coming under the perview of the definition of consumer as per the C P Act, a consumer case is maintainable other wise not
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