Consumer forum: dismissal of complaint

Querist : Anonymous (Querist) 09 October 2011 This query is : Resolved
Dear All,

I won a consumer complaint in the district forum and went for execution when the order was not complied.

The OP filed an appeal with condonation of delay so that I may not be able to execute the order.

The condonation of delay was accepted by the State commission subject to payment of costs within 30 days. The OP delayed the payment of costs and hence the State Commission dismissed the appeal stating that as the costs were not paid within 30 days the appeal is dismissed.

Questions:
1) My execution application was lying idle during the pendency of the appeal. How do I now get it executed fast.

2)Can the OP file another appeal with the national forum?

3)Do they need to pay any fees in the national forum

4) Can I apply to the state forum for the Rs. 25K that the OP had deposited for payment to me, as till date I donot have the product and the price has already been paid for purchasing the product.

Thanks a lot in advance.

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Arun Kumar Bhagat (Expert) 09 October 2011
1) My execution application was lying idle during the pendency of the appeal. How do I now get it executed fast.

Ans: By submitting in the District Forum Certified copy of dismissal order of appeal.

2)Can the OP file another appeal with the national forum?

Ans: Yes , he can.

3)Do they need to pay any fees in the national forum

Ans: General fees applicable for filing appeal.

4) Can I apply to the state forum for the Rs. 25K that the OP had deposited for payment to me, as till date I donot have the product and the price has already been paid for purchasing the product.

Ans: You can.

prabhakar singh (Expert) 09 October 2011
1) File the order of state commission dismissing the appeal in execution before district forum.
2]Yes,he can,
3]prescribed,
4]yes ,you can apply for withdrawal.

Shailesh Kr. Shah (Expert) 09 October 2011
Both Learned Experts are rightly opinioned. No need to add further.

Kiran Kumar (Expert) 09 October 2011
Now the appeal is not maintainable before the Hon'ble National Commission, it will be REVISION PETITION now.

In the given circumstances, dont expect any favourable orders will be passed in favour of the opposite party.

Be quick with your execution, move the requisite application for compliance in case the matter is adjourned sine die or the proceedings are stayed.