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Friday, July 10, 2009

whether the proceedings before the Consumer Forum should remain stayed involving similar issues pending before High Court

Issue: whether the proceedings before the Consumer Forum should remain stayed and await the decision of the outcome of the proceedings involving similar issues pending before this High Court

Title:
M/S HINDUSTAN MOTORS LTD. versus AMARDEEP SINGH WIRK & ORS.

L.P.A. No. 204 of 2009 & CM No. 6638/2009 Date of Decision: 14th May, 2009

existence of parallel or other adjudicatory Forums cannot take away or exclude jurisdiction created under the Consumer Protection Act.

The Supreme Court in the case of Secretary, Thirumurugan Co-operative Agricultural Credit Society vs. M. Lalitha & Ors. (2004) 1 SCC 305, held that having due regard to the scheme of the Consumer Protection Act and the purpose sought to be achieved to protect the interest of the consumers better, its provisions are to be interpreted broadly, positively and purposefully to give meaning to additional/extended jurisdiction, particularly when Section 3 seeks to provide remedy under the Act in addition to other remedies provided under other Acts unless there is a clear bar.

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