I would beg to differ with you i this regards. The order of the Forum is a decree, though not called so, iunder the consumer protection act.
For example, if we are before an MACT Tribunal in claim cases, the final award is passed throught an ORDER and not a decree. In High Court we can file an FAO (first appeal against order) and not an appeal against a decree.
Though, no limitation is prescribed under the Consumer Protection Act, assuming it to be a decree by legal fiction, we have to take the limitation as 12 yrs. Moreove the National ommission has gone ahead to pass an order which says as follows>>
IV (2007) CPJ 229 (NC)
NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice K.S. Gupta, Presiding Member
& Dr. P.D. Shenoy, Member
PREM CHANDRA VARSHNEY—Petitioner
MURARILAL SHARMA & ORS.—Respondents
Revision Petition Nos. 2218, 2219 and 2220 of 2007—Decided on 12.9.2007
(i) Consumer Protection Act, 1986 — Sections 21(b), 25, 27 — Limitation Act, 1963 — Article 136 — Execution of order — Limitation — Complaint allowed against Managing Director of Company — Order challenged — Contention, petitioner ceased to be Managing Director of Company disbelieved by State Commission — No appeal filed against award — Order attained finality — No interference required in revision — No bar to file simultaneously execution applications under Sections 25 and 27 of Act — No limitation for filing execution provided under Act — Execution application maintainable.
[Paras 6, 7, 8]
(ii) Limitation — Execution of order — Civil order/decree — Period of limitation is 12 years — Limitation not applicable for filing execution under Consumer Protection Act.
Therefore, as per the above order, there is no limitation at all to file an execution. But taking in consideration the laws of land, practically the foras should allow a limitation of 12 years in the execution petitions under the CPA.