Execution order in consumer district forum
RAGHU
(Querist) 24 September 2016
This query is : Resolved
I filed execution affidavit after opposite party did not respond to ex parte judgment. Now the EA case is listed under the head objections. Opposite party is not attending hearing and court continue to post next date without even hearing from complainant.
What should I do next?
Pl advise
Raj Kumar Makkad
(Expert) 24 September 2016
You trough your lawyer should insist the court to conclude the proceeding instead of adjourning it without fruitful hearing.
Devajyoti Barman
(Expert) 25 September 2016
If you satisfy that the op has received the notice of EP but failed to attend then it can issue W/A against the concerned person.
Rajendra K Goyal
(Expert) 25 September 2016
If notice received by other party, prey for issuing warrants.
Raj Kumar Makkad
(Expert) 25 September 2016
Execution application is a civil issue, the question of issuing arrest warrant seeking presence of respondent do not arise. The respondent has already been proceeded with ex-parte and now question remains to get the decree executed as the earliest.
My ld. friends have ignored this aspect of the query.
Raj Kumar Makkad
(Expert) 25 September 2016
Though query is of civil nature but has been posted in criminal section and this might have been the reason for my friends to reply accordingly.
Rajendra K Goyal
(Expert) 26 September 2016
Consumer forum issues warrants in execution proceedings if the other party is not appearing despite receipt of notice.
Section 27 in the Consumer Protection Act, 1986
(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).
Raj Kumar Makkad
(Expert) 27 September 2016
There is no fact in the query that the execution petition pertains to consumer complaint or award passed by DCDRF and merely basing reply on assumptions and presumptions further deteriorate the situation already bad for the author.
Raj Kumar Makkad
(Expert) 27 September 2016
Though there is heading of consumer complaint but nothing is found within the query like that.
Rajendra K Goyal
(Expert) 28 September 2016
The query was replied on the basis of heading and contents both.
