Powers of a consumer court
mahendrakumar
(Querist) 02 March 2011
This query is : Resolved
what are the powers of a district consumer forum in an execution petition? can we approach a highcourt against the decision of a cdrf in such case or only to the concerned state forum?
Arvind Singh Chauhan
(Expert) 02 March 2011
It has same powers as civil court. You can approach to State forum not to HC.
Sarvesh Kumar Sharma Advocate
(Expert) 02 March 2011
qusai judicial power in the sec-25 and 27,
go through proper chennel.
first go to state fourm
but for any direction can move to h.c.
Raj Kumar Makkad
(Expert) 02 March 2011
Civil Procedure Code is fully applicable so far as the power of execution of DCDRF is concerned and appellate body to DCDRF is State Consumer Forum and not High Court.
Advocate Bhartesh goyal
(Expert) 03 March 2011
U/S 25 of Consumer Protetion Act,CDRF has power to attach and sale the property of judgement debtor{opposite party} and U/S 27 of Act CDRF has power to award sentence and fine.Against the order of CDRF Appeal/Revision lies only in State Consumer Redressal Forum and not in High Court.
a.manoharan
(Expert) 05 March 2011
state form, then national forum , then HC
M V Gupta
(Expert) 05 March 2011
Certain corrections to what the Experts have stated. Appeal from the National Commission lies only to the Supreme Court under the Provisions of the Consumer Protection Act.Further the provisins contained in Sec 25 of the CP Act are not effective in as much as the Consumer Fora cannot attach the property of the Parties against whom it has passed final orders. It can give a certificate of recovery which has to be enforced through the Collector as arrears of land revenue. Hence many parties file applications under Sec.27 of the Act for prosecutution of the defaulting party which is found more effective than proceeding to attach property of the defaulting party.
