Order No. 9   date: 16-03-2018

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of IA/115/2017, whereof OP No. 2 has challenged the maintainability of the complaint case.

By such petition, it is stated by the petitioner/OP No. 2 that in respect of the alleged accident, the Complainant lodged an FIR before the Bishnupur Police Station and the matter is pending before the Ld. Additional Chief Judicial Magistrate at Alipore.  In view of this, it is submitted by the OP No. 2 that this Commission has no jurisdiction to decide if there was any deficiency in service on the part of the petitioner/OP No. 2.  Accordingly, it prayed for dismissal of this complaint case.

Heard the Ld. Advocates of the parties and perused the documents on record.

It is the settled position of law that pendency of criminal case is no bar for the Consumer Fora to adjudicate the allegation of deficiency in service.  In the opinion of the Hon’ble National Commission, ‘Pendency of criminal proceedings does not affect invocations of consumer jurisdiction’ - 2005(2) CPC 322 N.C.

In view of this, we find no merit in the contention of the Petitioner/OP No. 2.  Accordingly, the maintainability petition moved by the OP No. 2 stands rejected.

IA/115/2017, accordingly, stands disposed of.  Fix 17-08-2018 for ex parte final hearing.