Execution of an appeal order
Venkata Krish
(Querist) 12 December 2016
This query is : Resolved
Dear Sir,
I have won the case in District Consumer forum in 2015 and the opposite parties have approached the state forum for appeal. Last month i.e. in Nov 2016 the state forum also gave the order in favour of me Which states as follows
"In the result, we dismiss the appeal with costs of Rs5000/-. The Respondents are at liberty to pursue the execution proceedings in District consumer forum in accordance with law. Time for compliance is 4 weeks"
Now the doubt is the appeal is dismissed with costs of Rs 5000/-. Do I need to file an execution application in State forum or District forum for claiming the costs awarded by State forum?
The amount that I am supposed to receive as a compensation is in FDR with district forum. So I am planning to file a cheque petition in district forum to withdraw the amount. But what about the costs awarded in State forum. Can I add that amount also in the cheque petition and claim the total or should I have to file a separate petition for this. If so how?
Please assist me.
Thank you.
Rajendra K Goyal
(Expert) 12 December 2016
If the appellate / opposite party does not pay as per orders in given time file execution.
Venkata Krish
(Querist) 12 December 2016
Where should i file the EA for Rs5000/- is the question
Rajendra K Goyal
(Expert) 13 December 2016
The amount is to be claimed with original disputed amount kept as FD with District Forum, if not paid with this should file execution at district forum.
R.K Nanda
(Expert) 13 December 2016
file execution in district forum.
Dr J C Vashista
(Expert) 14 December 2016
Order of State Commission is absolutely unambiguous and crystal clear. If you are unable to follow legal pronouncement we cannot help you.
Discuss with some senior local lawyer.
