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Legal Fighter (Advocate)     30 March 2010

Res Judicata between consumer and civil court proceedings

Is res judicata applicable if an issue has been decided by consumer forum and the same is re-agiatated by other party before civil court? Please provide me the supporting judgments in this regard.


 10 Replies

Daksh (Student)     30 March 2010

Dear Legal Fighter,

The answer to your query has to be in negative for the reason that Consumer Courts are not governed by the principles of Civil Procedure Code and although they are supposed to devise their own procedure but at the most they are discharging quasi judicial functions only (and in the strict sense they cannot be said to be court as such). 

Best Regards


N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     30 March 2010

To apply resjudicata, there must be two suits.


Proceedings before consumer forum can not be treated as suit.

H. S. Thukral (Lawyer)     05 April 2010

I differ with the opinion of both the gentlemen. The orders of Consumer Forum are final and can not be questioned in civil court or reagitated before the civil court. ( Section 24) .  Mr. Daksh and Mr. Ramesh please do read Supremem Court in (1995) 3 SCC 383 : (AIR 1995 SC 1428) (Laxmi Engineering Works v. P. S. G. Industrial Institute

Daksh (Student)     06 April 2010

Respected Veerji Mr.Thukral,

Thanks for sharing the information.  It is really appreciable thing to do.

All the very best. God bless

Best Regards


Bharat Bhushan (advocate)     10 April 2010

thank u Thukral sir. Even I had conflict of thought but now it become crystel clear.

Faiyaz Khan (Asst Manager-Legal)     29 February 2012

Thanks a lot Thukral sir, the said judgement is very clear on the point.

cyberlawyer (barrister)     29 February 2012

The appeal accordingly fails and is dismissed but without costs. If the appellant chooses to file a suit for the relief claimed in these proceedings, he can do so according to law and in such a case he can claim the benefit of Section 14 of the Limitation Act to exclude the period spent in prosecuting the proceedings under the Consumer Protection Act, while computing the period of limitation prescribed for such a suit.

@fayaz khan - Sir how do you agree with thukral ji's  point ?. The above para says that consumer can file a civil suit. It doesnt preclude the consumer from filing a civil suit.. Isnt it ??

Please clarify....


H. S. Thukral (Lawyer)     29 February 2012

Mr. Nazeem,

what you are referring is that the person who filed the complaint was not a consumer as the goods purchased by him were for commercial purposes. So he chose a wrong platform and was rightly allowed to approach civil court under the provisions of Limitation Act .  Here the question is that if an issue has been decided in a consumer court, can it be reagitated in  civil court. The answer is No.  The CP Act provides complete machinery including appeals up to SC.    

Jamai Of Law (propra)     01 March 2012

If the relief prayed is not comming under the ambit of consumer forum then even after the adjudication of suit in consumer court, one can filed the suit in civil court.


Question  that one may aske that is the same relief being sought after over same issues?


E.g. Consumer court does not have powers to grant relief vide specific relief act.


If party wants to avail remedy as per that, then the party can rake up same issues to ask remedy under Sp Relief Act



Advocate Bhartesh goyal (advocate)     01 March 2012

I absolutely agree with Mr Thukral.Point is whether an issue decided by consumer forum  can re agitated in civil court? once the issue has been decided by any court /forum/tribunal can not be again decided by any court/forum/tribunal.Principle of res judicata  completely applies.

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