Warrant not served by the police
Balaji Bakthavathsal
(Querist) 03 May 2014
This query is : Resolved
Dear Learned Lawyers,
I would be very grateful if you offer your views on the following query.
I filed a complaint with the Consumer Redressal forum at Chennai against a Housing Welfare Society. The consumer court issued an order directing the Housing Welfare Society to pay the balance amount with interest in the year 2008. However, the opponent party did not bother to represent or attend the complaint and the forum after prolonged hearing after publication of advertisement in the newspaper, issued a warrant through the nearest police station to the opponent party in the year 2010. The warrant was NOT AT ALL served by the police till date. The consumer forum is simply adjourning the hearing every time when it comes.
When I approached the concerned Police Station, I was made to visit the police station thrice and finally the police official told me that the warrant could not be traced and asked me to get a fresh warrant from the consumer forum. My concern is that if this is the state of the warrant issued by a consumer court, then what about the fate of poor & innocent people’s complaint registered with the police ?
Please guide me what further action is to be taken from my side ?
Can another warrant be issued by the Consumer Court ?
Thanks & Regards
Balaji
Advocate. Arunagiri
(Expert) 03 May 2014
You can inform this to the Commissioner of police. COP will give instruction to the police officers.
Nadeem Qureshi
(Expert) 04 May 2014
file an application before Consumer Court for negligence of Police and non-execution of warrant the court may pass appropriate order.
Rajendra K Goyal
(Expert) 04 May 2014
Approach again to consumer forum for appropriate orders.
Guest
(Expert) 04 May 2014
Apart from following the advise of above Experts you could Seek the Information for not executing the warrant from local police station thro RTI.Their reply would be an evidence for you for further steps
Balaji Bakthavathsal
(Querist) 04 May 2014
Thanks every one Shri. Arunagiri, Shri. Nadeem, Shri. Goyal and Shri. Rajkumar. Infact, I have prepared RTI questioning the status of the warrant. But did not send it fearing that the police might not cooperate in executing the warrant. As per the advice of Arunagiri sir, I have prepared a letter to Police Commissioner too. Thanks again to all of you for your valuable advice.
Regards
Balaji
Guest
(Expert) 04 May 2014
It is an Wrong Assumption that Police would not initiate action if you file RTI application.If you want things to happen first file the RTI application to Local Police and basing on their reply which must come with in 30 days you could approach the Commissioner .I would suggest not to approach Commissioner right now since you had not taken any steps to initiate the warrant so far.Normally the Local Police doesn't like any complaint to Commissioner regarding the matters which had not come to their knowledge.Even many Officers in local police would have changed/transferred in these years.So First Send RTI application to Local Police with all details
Balaji Bakthavathsal
(Querist) 04 May 2014
Dear Rajkumar Sir, Thanks for your advice and I will follow as per your advice.
Regards
Balaji
Guest
(Expert) 04 May 2014
Welcome and All the Best
