Aug 20,2021 | 5 min read

"Preference of Consumer Complaint Over Specific Performance Suit" By Lawyered

India, in 2021 focuses on the mechanism of faster and smarter work tactics than to depend upon the old school way of handling affairs. In the similar connotation, preference is most of the times given (at least should be given) to consumer complaints over specific performance suits in order to approach a faster pacing lifestyle, ease and approachable implementation.

Consumer complaints are also more preferable over specific performance of suit because it entitles to a speedy, simple, and inexpensive relief under the act.

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Rationale inclination; there is seen a tendency in people to approach and reach to instrument that stands convenient and faster, therefore there can be the following reasons to it:

  • Value of Oral Agreements

Starting with the support of agreements that are made in the either case are two different scenarios. Consumer complaint forums are much easier to deal with on the aspect that they consider oral agreements unlike the specific performance of suits that only support written agreements in the Courts. Bracing of oral agreements and consideration to it makes the platform of consumer forums easier to approach and definitely much more preferable. 

  • Fee structure

The fee of both the platforms cannot be ignored at all means. Consumer complaint forums are more approachable at stakes as the fee directed is evidently less than what the estimation is of specific performance suits as they are to be directed and filed in the courts which are apparently of a steep in comparison. Hence, this definitely makes a breached party prefer consumer forums over filing cases under specific performance of suits. 

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  • Flexibility 

Another easy mechanism that shall be considered and prioritised is that the consumer itself can represent its own case where as the court requires an advocate to represent the case to the authority as the court crafting has to have a proper mannerism. Therefore, consumer forums have one on the upper hand as its fundamental principle is “to, of and by” the consumers itself. This also makes up for the consumer forums and consumer courts to fall under the tab of less time-consuming process as compared to put up suits in civil courts. It stands to count as easy and flexible. 

  • Provision of Remedy 

Consumer forums are prioritised also because of the remedy that they provide which involves pecuniary reliefs and is not as rigid as the relief that is provided under the specific performance suits. Section 21 of the Act takes away the right of a party seeking specific performance from claiming compensation instead of specific performance.

  • The complexes involved in specific performance of suits

Not even if at the comparison, there have been many types of research gotten into and further advocated by Professor Langdell that Specific performance of suits due to its time of performance and limitation also raise question on Doctrine of Mutuality and Statute of Frauds. Specific performance suits also stand out as an inconvenient mechanism because of the risk determined due to uncertainty of lapse of time. The practicality hits when the suit stands to adjudge upon the principle of equality which not only makes the entire suit ambiguous but also, the process of relief lengthening and burdens the court consuming the Court’s time. The complexes are because the fundamentals of specific performance highlights that it is a remedy that is developed by principle of equity. Being said that, such principle leads to consideration of conduct of the plaintiff, element of hardship, the availability of adequate alternative relief and such other matters. It basically calls itself as a discretionary relief and focuses on being a “general rule.”  

It wouldn’t be news to read that the Specific Relief Act recently has been also termed as an Act that violates the expectations of fairness and justice in enforcement on contractual remedies. The Act is more of a mix of contradictions and inconsistent provisions. In view of the vast economic developments taking place in India, it is important that the law of contracts and specific relief also develop in response to the tremendous increase in commercial litigation. Henceforth, leading to all the shattering supremacy and damages there is a preference to consumer complaints over specific performing suits in India.

{The Article aims to elaborate - consumer complaint, consumer protection act complaints, complaint under consumer protection act, consumer complaints act} 

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