Disobidience
dev kapoor
(Querist) 09 February 2012
This query is : Resolved
Respected Friends,
Consumer Forum decided a case & awarded 4.5 lakh rupees in my favour.The JD did not pay nor deposited the decretal amount.Filed Execution & DF final ordered to furnish inventory.It was land (attachable property).DF sent to Tehsildar ' to attach this land' either report back or put a piece of it to auction,recover Rs.4.5 lakh & remit back to DF or pay to the Dh.Tehsildar is under influence of JD.He does not act although repeated warrants of attachment sent to him so much so he doesn't even report back to DF.What should I do ?
Please guide.
Warm regards to you all !
Raj Kumar Makkad
(Expert) 09 February 2012
In the given matter, DF can personally call Tehsildar in its Court and can enquire about the hurdles in the execution of the order. You should move an application in this regard.
dev kapoor
(Querist) 09 February 2012
Sir, DF acts as a Civil Court under CPA 1986.Cant it commence contempt proceedings for continuous disobedience of its orders repeatedly sent for attachment of JD's property ? If not Why? If,yes, under what provisions of law ?
Regards
V R SHROFF
(Expert) 09 February 2012
move hc WRIT Petition
Deepak Nair
(Expert) 09 February 2012
Approach the High Court and file a Writ Petition to this reagrd as advised by Mr.Shroff.
dev kapoor
(Querist) 09 February 2012
Hello Sirs,
Why H/C ????
S. of the CPA 1986 reads thus:
" Enforcement of order by the forum or the state Commission:-Every order made by the District Forum or the State commission may be enforced by the Didstrict Forum.....in the same manner as if it were a decree otr order made by a court in a suyit pending therein and it shall be lawful for the df to send in the event of its inabiloity to execute it......' and thereupon the Court to which the order is so sent,shall execute the order as if it were a decree or order sent to it for execution.'
in view of tghis provision,is dF not competent believe disoibidience of its order & initiate contempt of court proceedings ?
prabhakar singh
(Expert) 09 February 2012
Ask forum to proceed against Tehsildar.
dev kapoor
(Querist) 09 February 2012
Respected Prabhakar Sir,
Could you please advise me to proceed under CPA,1986 or CPC ?In any event could you please guide regarding the relevant provision ? Is it order 21 CPC or Civil Contempt of Court ? Or what....???
Regards
Raj Kumar Makkad
(Expert) 09 February 2012
Kapoor! Section 25 of CP Act is deals with criminal complaint so apply it in the given case. There is no need to go to High court ot civil court or else where. CP Act is complete in all aspects.
dev kapoor
(Querist) 10 February 2012
Hi !
Reply of Mr.raj seems probable & more close to legal acumen.I still wish other reply, if any?
AND
Could you plz further advise why 'complaint' & 'not an application under section 25"
Have a great day !
prabhakar singh
(Expert) 10 February 2012
Dear Mr. Kapoor!
The C.P.C. does not apply to consumer Forums.The Act with its Rules has it's own independent procedure.
You do not need to move any complaint but an application is required under sections 25 & 27 of the Act.
Deepak Nair
(Expert) 11 February 2012
Dear Prabhakar Sir,
It was stated in the query was the execution petition (Under Sec25 & 27) was initiated and order was passed. But the Tahsildar failed to initiate any action on the basis of that order. Mr.Dev asked for remedy available in such a situation.
Thus, I feel that a Writ Petition is the option available for the querist. As the action is to be taken against the Tahsildar who failed to perform his duty to attach the property of the Respondent as per the order in execution petition.
dev kapoor
(Querist) 11 February 2012
Dear Mr Nair, by you advice you seem to say that the Act is nothing but a toothless tiger as the Forum or Commissions cannot implement order passed by it and faced with the situation like the one I have propounded, the poor consumer, who fought his battle at the lowest rung will still have to go to highest court of the State for redressal of his grievances??????
I am afraid no such legislation has so far been made & if there is any, it ought to have undergone tremendous amendments or it needs to be scrapped. May I ask you (and all friends here) at the cost of their valuable time to settle this proposition of law once for all. I quoted section which says, “Enforcement of order by the Forum or the State Commission:-Every order made by the DF or the S. Cmsn, may be enforced in the same manner as if it were a decree or order made by a court in a suit….”. How do civil courts execute their decrees and enforce their orders ????What is the procedure for execution a MONEY DECREE ? If the bailiff or Enforcement Officer/a Collector including tehsildar, does not execute or willfully avoids to execute the attachment or other orders like warrant of attachment or warrant of arrest etc, Whether the matter ends at the Civil Court level & remedy can be availed in the HC/by a WP only? CPA is a beneficial & consumer friendly legislation where remedy can be had inexpensively. The legislature has left nothing in its wisdom, which is not friendly to a consumer. Isn’t it necessary that before formulating our advise as experts, on this forum, we better consult Law rather than to be hypothetical & refer to the relevant provision so the person seeking advice/guidance, who can be gullible village rustic also, is not made to be ‘lost in the wonderland like the Alice’.I don’t mean to say anything unpleasant but only the truth.
