Consumer court related
VIJAY RAGHAV
(Querist) 24 September 2016
This query is : Resolved
I Have won a case against a builder in APril 16 and the judgement is as below
"the builder has to pay me within 30 days from the date of receipt of this order"
The builder is absconding and not taking the order. Anyway out to this?
adv. rajeev ( rajoo )
(Expert) 24 September 2016
You have to file an execution petition, in that warrant will be issued to him or you can go for attachment of his properties
Advocate M.Bhadra
(Expert) 24 September 2016
You should file an Execution Case and file a petition as per provision of Sec 25 and 27 of the Consumer Protection Act
Section 25 in the Consumer Protection Act, 1986
1[25. Enforcement of orders of the District Forum, the State Commission or the National Commission.—
(1) Where an interim order made under this Act is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.]
Section 27 in the Consumer Protection Act, 1986
27. Penalties.— 95 [
(1) ] Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both: 97 [***]
98 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.]
R.K Nanda
(Expert) 24 September 2016
Nothing to add more.
Kumar Doab
(Expert) 24 September 2016
File execution as advised by experts.
Raj Kumar Makkad
(Expert) 24 September 2016
I also stand with the advice of expert Bhadra.
cherukuri prasad
(Expert) 25 September 2016
Move contempt application. Consumer court orders are also protected from contempt law
Rajendra K Goyal
(Expert) 25 September 2016
Not able to agree for filing contempt. Execution is the right way.
Dr J C Vashista
(Expert) 27 September 2016
Only and only execution of orders u/s 25 & 27 of CPA, however, it do not attract contempt as advised by Sh. Cherukuri Prasad.
Raj Kumar Makkad
(Expert) 27 September 2016
Filing execution petition is the sole remedy.
VIJAY RAGHAV
(Querist) 27 September 2016
Sir, Thanks a lot to all for your valuable advises. If i have to file the execution petition, i need to have the details of that builder property's and get the attachment but i don't have that and difficult to find out. Request all to suggest me the way out
Rajendra K Goyal
(Expert) 27 September 2016
repeated again at:
http://www.lawyersclubindia.com/experts/Consumer-court-related-617996.asp
Kumar Doab
(Expert) 27 September 2016
Why to repeat?
