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Sri Kamal Mitra vs M/S. K.G. Developers Pvt. Ltd. on 12 September, 2019

In support of his submission he has placed reliance to a decision of Hon'ble Supreme Court reported in 2015 (12) SCC 709 (Sanjay Kumar Joshi vs. Municipal Board, Laxmangarh and another) and also a decision of the Hon'ble National commission reported in 2012 (4) CPR 191 ( Arun Khanna vs. Shashi Sharma and others).wherein  it has been held that a litigation pending in Civil Court cannot restrain a purchaser to refund the sale consideration and pendency of a Civil Suit is not a bar to file a complaint under the Act.
State Consumer Disputes Redressal Commission Cites 16 - Cited by 0 - Full Document

Vivek Shridhar vs State Bank Of India on 19 June, 2019

5. Learned counsel for the appellant submits that pendency of the civil suit cannot be a bar for filing a complaint. He also stated that the civil suit was filed after filing of the complaint and that no complicated questions are involved in the matter. He placing reliance on the judgment passed by the National Commission in Arun Khanna versus Smt. Shashi Sharma, 2012 (3) CPC 416 has argued that the impugned order passed by the Forum deserves to be set-aside and the matter be remanded to the Forum for deciding it on merits.
State Consumer Disputes Redressal Commission Cites 3 - Cited by 0 - Full Document

Sri Indrajeet Shaw vs Sri Bishnupada Das on 13 September, 2016

In the decision of Arun Khanna (Supra), referring the decision of the Hon'ble Supreme Court in connection with Faquir Chand Gulati's case reported in (2008) 10 SCC 345, it has been observed that a person/buyer may approach either before the Civil Court or before a Consumer Forum for seeking justice, since remedy before Consumer Forum is in addition to and not in derogation to remedy under other Acts.
State Consumer Disputes Redressal Commission Cites 10 - Cited by 0 - Full Document
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