(Querist) 05 January 2010
This query is : Resolved
In the district consumer forum one case filed against me. I appointed an advocate to defend my case. Regularly paid fees. Judgment passed against me and my advocate got a copy of that. However my advocate never communicated me that we have lost the case. Subsequently execution case started but I was unware (later I changed address)about it. When the Consumer Forum issued warrant I came to know the whole fact but in the mean time one year passed. I appeared before the forum and applied for certified copy of the judgment of the original case. I applied for bail also. The forum though granted bail but informed me that on the next date I have to specifically tell the forum that whether I will comply or not on next date that is on 7th January. If I dont then the Forum will proceed wiht trial under section 27 of C.P. Act against me.
Now I have file Appeal in State Commission with condonation of delay petition. Date fixed on 27th January for admisssion.
If on 7th Jan I appear before the Dist. Forum and plead that I have filed Appeal in State Commission and ask the forum to wait till rejection or admission of the appeal, whether the forum will allow me time?
Whether again Forum can issue W/A against me?
Whether the forum can proceed with trial under s.27 of the C.P. Act even if the appeal is pending?
Please guide me what exactly shall I plead before the Dist. Forum on 7th Jan?
Whether I shall suppress the fact that appeal has been filed?
adv. rajeev ( rajoo )
(Expert) 12 January 2010
unless the stay is granted by the state fourm dist., court can proceed with the execution petition. Submit before the court and pray time to produce the certitifed copy of the order/appeal memo. I had challenged sec 27 of CP Act in the High Court of Karnataka. The conviction passed on IA is set aside and direct the dist., forum to follow the Criminal PRocedure code while deciding on an application filed u/s 27 of cp act. Forum has to first record the plea then Decree holder evidence, cross,then JD evidence and argument. DH has to praove the intention and motive of JD that he is intentionally avoding to make the payment.