November 25, 2017
The National Consumer Disputes Redressal Commission (“NCDRC”) has recently held that the jurisdiction of the consumer forum to entertain a complaint is not ousted on account of a civil suit having been instituted by the opposite party, even if the subject matter of the said suit is the same agreement which is the foundation of the consumer complaint.
It was observed that the remedy available under the Consumer Protection Act, 1986 (“Act”) is an additional remedy for a consumer. It is up to the consumer to avail whichever remedy deems fit, be it before the civil court or before the consumer forum.
NCDRC opined that construction of flats and handing over the same to the allottees by the builder creates a relationship of ‘consumer and service provider’ and this relationship does not come to end on account of one of the parties cancelling the said agreement. If deficiency on the part of the service provider in rendering services to the consume is proved, the consumer would be entitled to appropriate relief in terms of the provisions of the Consumer Protection Act, 1986.
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