Execution of order of consumer forum
jitender pawaria
(Querist) 23 January 2012
This query is : Resolved
R/Sir,
District consumer forum pass an order in my favour. respondent went in state commission, state commission also dismissed the appeal of respondent. after that i file an execution before the District Forum but District Forum not execute the same order. even after attached the property of j.d.
please suggest me what should i do though proper legal process. or where i file complaint against the president and member of the District Consumer Forum. execution is pending since 2002.
Advocate. Arunagiri
(Expert) 23 January 2012
On what the ground, the district forum is stayed the EP proceedings.
Raj Kumar Makkad
(Expert) 23 January 2012
If DCDRF has attached the properties of JD, what more action you require from DCDRF and how can you allege about inaction on the part of the President and members of the Forum?
It seems that you are more interested in hanging President and members of Forum instead of getting legal solution of your problem.
If you want to move ahead in hanging DCDRF then forget the execution for next years to come otherwise pray before DCDRF to make public auction of attached property of JD and recover your decreetal amount.
ajay sethi
(Expert) 23 January 2012
agree with makkad
Nadeem Qureshi
(Expert) 23 January 2012
Dear Jitendra
First of all Mr. Arunagiri's question is valid & it is mandetory for give you best of our advice.
Secondly, Mr. makkad is also right.
I agree with both my Ld. Friends
jitender pawaria
(Querist) 23 January 2012
R/Raj Kumar Sir,
My aim is not hanging the president of member. on last date of hearing they passed an order issue notice under O21 R66 but today when i ask about issuance of said notice they told me that they have no power regarding issuing the notice under O21 R66.
Raj Kumar Sir ji please tell me the procedure of public auction of J.D. property in satisfaction of decreetal amount. step by step. Thank u very much to all of you for your brilliant advise.
Raj Kumar Makkad
(Expert) 23 January 2012
Section 25 of consumer Protection Act provides ample powers to DCDRF to take the desired action. This section is re-produced as under:
25. Enforcement of orders of the District Forum, the State Commission or the National Commission. — (1) Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a
District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
Raj Kumar Makkad
(Expert) 23 January 2012
The provisions are self explanatory. DCDRF has to direct the collector to sale the property of the person against whom decree is to be executed. Subsequent action is to be taken by collector.
Shonee Kapoor
(Expert) 23 January 2012
Nothing left to add after the detailed reply of Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 24 January 2012
detailed reply of Mr. Makkad. is clear & no need to add further.
M/s. Y-not legal services
(Expert) 24 January 2012
