Relevant Cases

In the matter of Manimalan versus K Subrayan, heard in 2004, the Madras High Court held that the consumer could not invoke the jurisdiction of the high court under Article 227 of the Constitution against the order of district consumer forum. The complainant can appeal to the State Commission, which has the power to call for records regarding any case pending before a district forum in the state if it suspects any material irregularity. In the matter of Shree Jagannath Constructions versus Kotak Mahindra, the Bombay High Court maintained that ‘in case proceedings before the civil court have been instituted prior to institution of proceedings at the forum constituted under the act and are pending on the same subject and same issue, consumer forums or commissions shall not entertain the case under such circumstances . Simplifying, if the case proceedings are on or already being heard in a civil court, one cannot knock at the consumer court, and vice versa.