V P SOMASHEKAR Vs. SECRETARY APMC YARD

JUDGEMENT

(1.) In this appeal, the appellant has challenged the order of the District Forum. The District Forum has dismissed the complaint of the appellant among other things, on the ground that the complainant has sought his remedy in a parallel proceeding before the Civil Court.

(2.) The learned Counsel for the appellant submits that the suit in question seeking the same relief has been filed before an appropriate Civil Court after the complaint was filed before the District Forum. In other words, the learned Counsel submits that this complaint was filed before the Forum in the year 1996 and the suit was filed in the year 1997. However, the fact that the cause of action both for this complaint and also for the suit in question is the same.

(3.) The learned Counsel for the appellant submits that having regard to the fact that Sec.3 provides that the relief under the provisions of Consumer Protection Act is in addition to and not in derogation of any other law for the time being in force, the fact that the matter is pending before the Civil Court is not a bar for continuing the proceedings under the provisions of the Consumer Protection Act.