Can I run case against developer in two different courts simultaeously
I HAVE ENTERED INTO REGD. DEVELOPMENT AGREEMENT WITH A DEVELOPER ON DT. 23.06.2013. DISPUTE ARISES AS HE IS NOT PAYING MY DUES AND MY SHARE % OF THE BUILDING. I HAVE FILED A CASE AGAINST HIM IN CIVIL COURT AS WELL AS CONSUMER COURT. MY QUESTION IS THAT CAN IT BE POSSIBLE TO RUN THE CASE IN BOTH THE COURT AT A TIME.
No you can not file two different suit for same cause of action in two different courts. You should proceed with the consumer complaint you have filed in the consumer forum. Please feel free to contact me for further clarification.
Thanks & Regards,
Advocate Pritha BasuSalt Lake, Kolkata
Yes. Both the Case will run simulteniously. There is no Bar. You also lodged FIR against him by saying you have been Cheated by said Developer. Then another Criminal Case will be started against him. And all the Cases can run concurrently. Please follow the Guidence of your Ld. Advocate, who conduct your Case. do not go here and there unnecessary.
Advocate Sanjoy AcharjeeA.C. College, Jalpaiguri
MY OPINION THAT you have legitimate right & scope to make legal action against the developer at the civil court it is very much important ,but i think at consumer court the issues are not effectively instituted,you should move at higher forum for effective and speedy remedy.
Advocate Ranabir BanerjeeHigh Court, Kolkata
u can run case in both courts but u have not provided the details of prayer made in both the courts . it will depend upon the relief claimed in both the court, after looking all the case papers, can only a concrete legal advice can be given
Advocate Kishen Kumar AgarwalKankurgachi Road, Kolkata
You have not stated in your query whether you are owner of the property. You should institute a case in civil court against developer for performance of contract and you could not continue with two cases simultaneously in civil court as well as consumer forum against developer.
Advocate Vivek PoddarDistrict Court, Kolkata
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