• If a civil suit can co-exist with a suit under consumer law and a suit under criminal law

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.
Asked 5 years ago in Civil Law

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22 Answers

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

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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.  

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file a criminal case and also a consumer case as consumer case is additional remedy under section 3 of the said Act

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

File criminal complaint immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

Order in criminal matter will help you to get the compensation so go immediately for that and after that file a recovery suit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For claiming compensation and damages case under Consumer Protection Act is most appropriate remedy and not the criminal jurisprudence. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

You can get the compensation through consumer court. You can file both consumer court and criminal proceedings

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

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.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to file a separate case seeking compensation for mental harassment.
  2. Though it is right that you can’t approach any other court of law to enforce any of the condition in the agreement if there is a clause for bringing arbitration at any point of time in any dispute between the parties.
  3. But, yes you can file a separate suit for compensation in the civil court of law rather than going in the consumer forum as this is not covered by the agreement for sure.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Yea you can file a criminal complaint against these people even the top management. Thatvis a different matter altogether that proving it may be difficult.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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