How to get consumer forum deposited decretal amount compliance by respondent
bhushan tewari
(Querist) 24 June 2013
This query is : Resolved
Sir
In Aug 2009 I filed complaint in consumer forum which got disposed off on Sep 2011. Then on Oct 2011 I appealed against the district judgment in state commission. During this appeal period the respondent deposited the amount in court with interest which they have taken from me(i.e. compliance of district order). In Oct 2012 my appeal got dismissed by state commission and being aggrieved by the impugned order I filed revision petition in NCDRC which is still going there (under process).
Question.1 Now how can i take back the amount deposited in district forum by respondent.?
Question.2 will respondent object over it since my petition is still going on in Ncdrc.(i.e till finalisation of case)?
Devajyoti Barman
(Expert) 25 June 2013
1. Apply before the consumer forum.
2. No unless any stay order is there.
Nadeem Qureshi
(Expert) 25 June 2013
Dear Querist
I completely differ with Mr. Burman
1. You can not claim this amount untill NCDRC passed an order in your favour.
2. He has right to object and he is legally entitled to get his money from this forum if there is no stay from NCDRC.
bhushan tewari
(Querist) 25 June 2013
Thanks a lot Barman sir for your quick & precious advice but still one doubt if you could help..................
Sir
Should I apply through a simple application supported by affidavit or Is there any predefined format is available for this(Like cheque petition).?
..............Thanking you in anticipation........
