Criminal Petition IPC 420 & Consumer Complaint Unfair Trade & Deficiency service

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 1 week ago.

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  • #5292

    rajashekart08
    Blocked

    Sir, I have lodged a consumer complaint(Unfair trade practice & Decificency service) on 27/november/2018 on opposite party(Z), opposite party(Z) filed vakalat, and coming for written version on 07/February/2019, but i have filed a criminal petition under section 420 IPC on opposite party(Z) and also other accused persons called (Y & X) in same consumer forum on today but consumer forum clerk given a hint that the criminal petition will be rejects. Advice please

  • #5304

    Section 3 of the Consumer Protection Act lays down that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

    This implies that if some offence is also committed in a case in addition to the consumer complaint, then such offence can also be registered in addition to the consumer complaint. Of course, it all depends on the facts of each case as to whether both these cases can be made out in an individual matter. But, law permits both these actions, wherever facts support that, and this is the intention of Section 3 of the said Act.

    At the same time, let me point out that the criminal case cannot be filed in the consumer forum. You have mentioned that you have filed “a criminal petition under section 420 IPC on opposite party(Z) and also other accused persons called (Y & X) in same consumer forum”. Such criminal complaint can be filed either in the police station or in the Magistrate court, but it cannot be filed in the consumer forum. May be, perhaps, from this point of view the clerk might have told you that the criminal petition would be rejected.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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