Hello,
If the arbitral award has been granted to you then in that case you can not go to consumer forum as the same will be barred by res judicata.
yes you can go to the criminal court and file a criminal case against them.
Regards
I filed a case in stock exchange arbitration tribunal which vindicated my stand and asked the stock broker to pay the loss to me. The brokerage firm went to appellate tribunal which also upheld the award without any modification. Now they want to go to the court to challenge it under section 34, arbitration and reconciliation act. Knowing that the brokerage firms are hard core white collar criminals and they will flex their financial muscle to frustrate my genuine claim, could I take other legal recourse including Consumer Protection Act and Criminal Perjury against the firm ? I have enough evidence to show the criminal intent like fraud, intimidation and I can satisfy the consumer panel that my case falls within the scope of consumer law. But my predicament is what compensation should I claim from Consumer Panel ? the Tribunal has already granted the award though it is under challenge. However such award does not include the legal expenses incurred, mental torture or the interest lost on the Loss.
Hello,
If the arbitral award has been granted to you then in that case you can not go to consumer forum as the same will be barred by res judicata.
yes you can go to the criminal court and file a criminal case against them.
Regards
You cannot file complaint before consumer forum as you have already availed remedy of filing claim before arbitrator
2) you can file criminal case against broker
Ig a remedy is available they will exercise it and you can again fight the case. When they challenge it then you should pray to the court to award damages and litigation expenses to you.
Regards
Hi, You can't file complaint under Consumer Protection Act, as the nature of Transactions is commercial in nature so you can't file the same. If you want you can file Criminal Cases against him.
In consumer court you can claim compensation with litigation cost. If have enough evidence of fraud than file FIR, no case of perjury made out as no false statement submitted before court.
When the order was passed ? And there cannot be appellant arbitration tribunal. Order of arbitrator is final and can only be set aside by court u/s 34, which now I think is time barred.
1. Since reedy under Consumer Protection Act is beneficial piece of legislation , you can explore the remdies both under the Consumer Act as well under Arbitration and Conciliation Act 1976.
2. In the case before the consumer forum you can seek apart from loss and damages , compensation as well along with litigation costs.
See if already your case is being heard before one adjudicating authority and award is passed same won't be maintainable for the consumer court though you can file a criminal complaint if there is cheating and breach of trust.
You can file a criminal case and also a consumer case as consumer case is additional remedy under section 3 of the said Act
Since you have approached a legal forum and have already got a relief, you cannot approach another legal forum for the same relief once again.
Let them go to high court with an appeal against the tribunal's decision, you will get notice after which you can challenge their stand in the high court also on the basis of the evidences and merits in your side and your support.
In my opinion, you may file an execution petition if there is no restriction or stay order by any court staying the operation/execution of the orders passed the trial court/tribunal.
Any further case in the same line may not be entertained by another legal forum.
You cannot file a consumer complaint against the broker as you have already invoked arbitration clause and the matter has been decided. complaint to the consumer court will be barred by the doctrine of res judicata.
On the other hand, criminal complaint would still be maintainable. you should consider filing a complaint with the police against the broker for the offence of criminal breach of trust, fraud and cheating under section 406, 415 in 420 of the Indian Penal Code, along with other supplementary provisions of the Indian Penal Code applicable in your case.
Dear client
There will be no benefit to you by going to consumer forum as your case has been decided by arbitration tribunal and currently pending in the court if they have filed the appeal. So consumer complaint can be dismissed as the case between you both will have same cause of action and between the same parties cannot be contested at two places according to code of civil procedure.
But if you have evidences of fraud and criminal breach of trust and criminal intimidation than you can file a formal complaint to police to proceed against them.
But, if I can claim compensation for harassment, torture, mental agony under the criminal law ? What I know, the convict may be sent to jail, but how could I get the compensation for all that I have suffered ? Again, while filing the criminal complaint, I can't take the name of the top management of the company because it would be difficult to prove their direct involvement. The brokerage companies do not care if their manager level staff are sent to jail or hanged.
Criminal courts can award you compensation under section 357 of cr pc
When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so .sentenced
Order in criminal matter will help you to get the compensation so go immediately for that and after that file a recovery suit.
No through consumer claim only.
In criminal cases, mens rea is important, for his act, company cannot be questioned but you have made agreement with company so company liable to compensate you.
No you cannot claim compensation under criminal law. Compensation you will get from adjurdicating authority or for same you have to file a civil suit claiming damages.
For claiming compensation and damages case under Consumer Protection Act is most appropriate remedy and not the criminal jurisprudence.
1. You may file an execution petition to execute the orders of the court, there are provisions in law to recover the same accordingly.
2. You may discuss with a local advocate about filing a criminal complaint agaisnt whomever you would like to, the law will take its own course of action, do not be under any prejudice about the things that may take place after filing a case.
You can get the compensation through consumer court. You can file both consumer court and criminal proceedings
You cannot claim compensation for husband torture and mental agony under criminal law.
For damages and compensation you will have to file suit in Civil Court.