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Md Shadab Ansari (Law Student & Human Rights Activist....)     22 March 2009

What is the time limit to file the execution petition??

Hi to all,

An order has been passed in favour of me from Dist. Consumer Forum..The opposite party is not complying with the order..Now I want to file execution but it has been 1 yr since the order is passed...I want know What is the time limit to file the execution petition??



 27 Replies

Rajneesh Malhotra (Advocate)     23 March 2009

You can file the execution under Section 25 or Section 27 of the Consumer Protection Act, anytime within 12 Years.


There is no limitation prescribed in the Consumer Protection Act for executions, so you will have to fall back on Limitation Act, as per which you have 12 years.

N.K.Assumi (Advocate)     23 March 2009

As per the Third Division - Aplications of the LA, under article 136, Execution of decree is twelve years except for a decree granting mandatory injunction. As such Rajneshji, has rightly pointed oyt the law, and I agree with him.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     23 March 2009

I agree with my friends.

Y V Vishweshwar Rao (Advocate )     23 March 2009

Mr Rajaneesh Malhotra View is correct

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 March 2009

I do agree with my ld. friends.

n.k.sarin (advocate)     23 March 2009

I agreed with the view of Mr. Malhotra.

n.k.sarin (advocate)     23 March 2009

I agree with the view of Mr. Malhotra.

Swami Sadashiva Brahmendra Sar (Nil)     23 March 2009

with due respect to my friends, may i know as to whether order of consumer forum is a "Decree" and the forum is a" Civil court" for the purposes of Art. 136 of schedule of limitation Act ? i think answer is negative.


then Art. 137 of schedule of limitation Act is applicable here which prescribes three years limitation period for " any other application fo which no period of limitation is provided elsewhere in this Division."

Md Shadab Ansari (Law Student & Human Rights Activist....)     23 March 2009

Thnx to all...

Mahesh (Asst. General Manager (Law))     24 March 2009

I think Dr. Tripathi is right and Art. 137 should be applicable.

Rajneesh Malhotra (Advocate)     24 March 2009

Dear Dr.Tripathi,


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


versus


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.


 

Prabhat Kumar (Advocate)     24 March 2009

Since order of the consumer forum is not a decree as per civil procedure code the period of limitation will be 3 years as per article 137 of limitaition act.


article 136 is applicable only for execution of decree or order passed by any civil court.

Swami Sadashiva Brahmendra Sar (Nil)     24 March 2009

dear mr. malhotra, what you have relied is as under :


"(ii) Limitation — Execution of order — Civil order/decree — Period of limitation is 12 years — Limitation not applicable for filing execution under Consumer Protection Act. "


i think this decision clearly says that limitation for execution of decree is not applicable to order of consumer forum. i would certainlly agree with you , had there been any provision or apex court's verdict confering decree status to an order of forum.


therefore it is residuary provision under art. 137 of limitation act which is to be relied. it presceibes 3yrs where no limitaion is specifically provided.

Rajneesh Malhotra (Advocate)     24 March 2009

"(ii) Limitation — Execution of order — Civil order/decree — Period of limitation is 12 years — Limitation not applicable for filing execution under Consumer Protection Act. "


 


 


Infact if we read the complete judgment the Hon'ble National Commission goes on to say that NO LIMITITATION is applicable. Meaning thereby that it can be filed even beyond a period of 12 years. There is no bar of Art 137 on the Consumer Protection Act.


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