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Consumer forum - exparte order

(Querist) 12 April 2012 This query is : Resolved 
What are the effect and consiquence of an exparte order against the opposite party, who was alleged by the court for deficiency in service?
If opposite party does not pay the compensation in accordance to that exparte order, what action should be taken by the court or complainant?
Nadeem Qureshi (Expert) 12 April 2012
Dear Saurav
if consumer court pass an order ex-party against another party/respondent, complainant should filed a execution petition/application of the order to execute the order.
feel free to call
ajay sethi (Expert) 12 April 2012
you can execute the order in execution proceedings. but be prepared OP may take out application for setting aside exparte order
Raj Kumar Makkad (Expert) 12 April 2012
Exectution in case of ex-parte or contestant case is same. Without caring for the fact whether the case was decided ex-parte or not, decree-holder has to file execution petition and the same action is required from your side.
Devajyoti Barman (Expert) 12 April 2012
The ex parte order is as good as a contested order if not set aside later.
If the order of the forum is not complied with then it could be enforced through execution proceeding.
Advocate Bhartesh goyal (Expert) 13 April 2012
District Consumer Redressal Forum and State Consumer Redressal Forum have no power to set aside ex-parte order or power of review.Recently Supreme Court held in civil appeal no 4307/2001, decided on 19 Aug 2011 in Rajeev Hitendra Pathak vs Achyut Kashinath, ,only the National Commission by vertu of sec 22 A has been given such power.You have to comply with the order of forum else contempt proceedings u/s 25, 27 of consumer protection act against you will be initiated and you may be fined up to Rs 10000/ and imprisoment up to three years for disobeying the order of forum.
Kiran Kumar (Expert) 13 April 2012
go for execution proceedings.


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