Cosumer case

Anoop Deshpande (Querist) 21 December 2009 This query is : Resolved
A cooperative society with all India jurisdiction collected FD's but failed to repay in given time. FD holder files case before Consumer forum. Forum awards decree in favour of the FD holder. He files execution u/s 27 of CP Act.

The society argues that, the forum has no jurisdiction to execute the decree because, the forum has no jurisdiction. Decree holder argues that, it has deposited the money with the society through its branch which is in the jurisdiction of the forum. Are they any citation in this regard?

The JD society also argue that, without exploring Sec.25 the JD cannot explore sec.27. What is the status of law.?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 21 December 2009
First u/s 25 of consumer protection act to be initiated then in the same petition application has to be filed u/s 27. this is the correct procedure

Raj Kumar Makkad (Expert) 21 December 2009
The argument advanced by company is right qua the exploration of section 25 first.

Adv Archana Deshmukh (Expert) 22 December 2009
S. 25 and S. 27 are two independent remedies and it is the choice of the petitioner which remedy he should avail or even both the remedies can be availed simultaneously.