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Contempt of order of national consumer fourm

(Querist) 19 August 2014 This query is : Resolved 
Friends

The National Consumer Forum (NCDRC) had passed an order against a real estate company under which it was supposed to pay me by Aug 15, 2014. Despite follow up, the company hasn’t paid me and it is a clear case of contempt of court. Please advise:

What action should I take?

Should I continue to follow up with the company for a few more days?

Or should I file a contempt petition with the court?

If I file a contempt petition with the court, what benefit I can get (other than just getting my money back). I mean will I get some extra compensation?

How much time it would take to get the relief through the court?

Regards

Puneet Gupta

R.K Nanda (Expert) 19 August 2014
file contempt petition in court asap to get ur money.
Puneet Gupta (Querist) 19 August 2014
Dear Mr. Nanda - Would you have an idea how much time it would take to get the relief through the court?
R.K Nanda (Expert) 19 August 2014
depends on backlog of cases of court.
Rajendra K Goyal (Expert) 19 August 2014
You can file execution petition.
Advocate Bhartesh goyal Online (Expert) 19 August 2014
You may file either petition u/sec 25 of Act for enforcement of national Commission order against company or move petition u/sec 27 of Act for penal action against company and its Director.
Puneet Gupta (Querist) 19 August 2014
Can I simultaneously move a petition under section 25 and 27?

I don't have any details of the property owned by the builder but I have his bank account numbers. Can NCDRC order to freeze those accounts?
Devajyoti Barman (Expert) 20 August 2014
Yes, do file a execution proceeding u/s 25 and 27 of the CP Act.
The Commission can issue W/A in stead of attachment order.
Advocate Bhartesh goyal Online (Expert) 20 August 2014
Either you opt sec 25 or sec 27 of the Act.You can not move petition under both secs simultaneously.you can get attached bank account of company under sec 25 of Act and recover your all awarded amount.In sec 27 of Act,court will punish the company with fine and its director will be punished with fine and imprisonment .
Puneet Gupta (Querist) 20 August 2014
I think I can move simultaneously under section 25 and section 27.. Any more views on this please.
T. Kalaiselvan, Advocate (Expert) 23 August 2014
If you know the law and other things better, you should not have approached this forum for advise/clarification at all. Better proceed as per your knowledge.
Puneet Gupta (Querist) 24 August 2014
Its still not clear whether i can move simultaneously under section 25 and 27. Plase advise..
R.K Nanda (Expert) 25 August 2014
how much clarifications u need? ur query is already replied and dont be so confused.


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