Consumer court case
Balaji Bakthavathsal
(Querist) 30 November 2011
This query is : Resolved
I filed a petition in the DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH), the case details and the judgment can be seen from the link http://164.100.72.12/ncdrcrep/judgement/19564C.C.No.512%20of%202008.htm . Though the District Consumer Disputes Redressal Forum has delivered its order in favour of me, the opposite party had not received the order copy till date and I am yet to get relief. The order copy was though sent through the police, was not received by the opposite party. Please guide me further action to be taken in this regard.
Thanks & Regards
Balaji
Devajyoti Barman
(Expert) 30 November 2011
If the opp. party has failed and neglected to comply the directions passed the final order and judgement then you after sending them a copy of the judgement at the registered address file an execution petition in the same forum and ask for issuance of warrant of arrest for its implementation.
V R SHROFF
(Expert) 30 November 2011
Balaji,
Going thru the details, it is clear that Court did not specify, to pay within a particular period, say within 3 months etc,
Your interest will continue accumulating at 9% pa, but there is no execution of order.
Yo may appeal for defective Order in respect of direction to OP to pay within particular Limitation.
Balaji Bakthavathsal
(Querist) 30 November 2011
The lawyer whom I engaged, prepared the documents for filing the EP. But the judge is insisting upon serving notice three times through the police for which there is no action being taken by the police personnel. It seems that the police is to be greased to gear up.
Devajyoti Barman
(Expert) 30 November 2011
Is the forum passing such orders in exe. petition or in the main case?
prabhakar singh
(Expert) 30 November 2011
Mr. Barman!
hopefully it seems in EP as it appears from MR Balaji statement.
Guest
(Expert) 30 November 2011
send a notice along with the copy of the order and after completion of time proceed for execution.
Raj Kumar Makkad
(Expert) 01 December 2011
There is no requirement of police notice as this is beyond the scope of DCDRF. It seems there are various flaws in posting the query on proper facts.
Copy can be sent by complainant to the opposite party if not EP has been filed as on date.
Advocate. Arunagiri
(Expert) 01 December 2011
Dear Experts:-
The author's case was set exparte in 2009, by the consumer forum, as The opposite party did not receive the notice. Hence paper publication was ordered and effected. Thereafter, he was absent and therefore the opposite party was called absent and set exparte.
In the EP case also the notice was not received by the opposite party. Normally when the case is decided exparte, the EP will be heard only after the notice to the Opposite party.
It is not necessary to send notice through police.
The author says the notices were not received by the OP.
Dear Author,
You have to say the status of the notices sent by post.
Whether it was returned for reasons,
No such addressee. or refused to receive?
M/s. Y-not legal services
(Expert) 01 December 2011
if you cant serve the notice through post mean pray court to take alternative service.,
Shonee Kapoor
(Expert) 01 December 2011
1. Pray to court to grant permission to serve judgement DASTI (By hand)
2. Thereafter serve notice to abide by the said judgement
3. File for execution.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
