Unnecessary adjournments in execution proceedings in district forum
Reformist !!!
(Querist) 05 February 2015
This query is : Resolved
Hi Experts,
We won our case in District Forum ex-parte, although other party appeared on 1 date and 1 lawyer filed memo on one date for OP. But no one came thereafter and the case was allowed in our favor ex-parte.
After waiting for 3 months for the payment, we filed execution under section 27 of Consumer protection act. Bit from last 6 months, judge is adjourning the proceedings of execution on the pretext that the OP has filed appeal in State Commission.
Actually, OP has filed the appeal in state commission after 6 months of final order in district forum. The appeal is not yet admitted. OP has taken the plea in State commission that the final order of district forum was not received by him and someone else used his office stamp and did the signature of receiving. State Commission has marked an enquiry to District forum for the same.
The Hon'ble Judge is adjourning the execution proceedings on the pretext that the appeal has been filed by OP although appeal has not been admitted yet.
Pl. guide what can be done and let me know if there is any citation or judgment from National commission or supreme court that execution proceedings can' t be adjourned unnecessarily unless there is any stay from State commission.
Pl. guide me
venkatesh Rao
(Expert) 05 February 2015
Mere filing of appeal in the state forum ipso facto does not carry with it that the execution in district forum is not to be proceeded with. File a memo in the district forum to expedite the matter. If still it persists its stand, file a writ before the High Court.
Reformist !!!
(Querist) 05 February 2015
We are already appearing on each and every date in District forum, but still the proceedings are just being delayed on the pretext of appeal.
prabhakar singh
(Expert) 05 February 2015
It is due to inquiry of state commission, they are reluctant to proceed because of subordination,you might need a direction of High Court.
Reformist !!!
(Querist) 05 February 2015
Can we go to High court as per the Consumer Act ??
Devajyoti Barman
(Expert) 05 February 2015
Bring this dilatory attitude of forum before the state commission.
Reformist !!!
(Querist) 05 February 2015
How to bring this attitide of forum before state commission ? As in State commission we have not been issued any notice yet as the appeal is not yet admitted.
Should i go for revision u/s 27A against Daily order of District forum ?
Pl. guide.
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
You take the help of a lawyer practising before the state commission who will be able to guide you properly on further issues.
