Sridharan (officer) 30 January 2011

claim

Sir,

I would be grateful if i am enlightened on the following :

I had represented a case in the New Delhi consumer forum against a transporter who caused me a great loss while I entrusted him with transporting a car from New Delhi to Bangalore.

1. The case was filed in september 2009 and the honourable court awarded compensation in the month of

july 2010. Since I had shifted my resident to south India after retirement. The lawyer representing me says that a recovery claim has to filed. I would like to know :

a. Wont the order of the Member of the consumer forum suffice in making the transporter payup the damages

awarded to me by the forum ?

b. Does the case lawer, hired by me, has to start the process again for recovery.

c. My approaching the forum through electronics media to enquire about the recovery of the awarded damages will be okay ?

d. Since I am living in south india, the cell phone communication is hampered.

Regards

Sridharan

Reply Follow

4 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 January 2011

ANY RECOVERY PROCEEDINGS SHALL BE INITIATED THROUGH THE CONCERN LOCAL CIVIL COURT UNDER EXECUTION PETITION. CONSUMER FORUM AWARD IS ACCEPTED AND PAID BY THE OPPOSITE PARTY NO TROUBLES AT ALL. BUT INDIAN LAW ENFORCEBILITY IS VERY COMBER SOME.

Suchitra. S (Advocate) 30 January 2011

Sridharan Sir, I agree with Reddy Sir. You will have to file an execution petition for recovery of money if the other party has not complied with the orders of the Court.

I have a similar case pending before the Bangalore Consumer Forum and it would be grateful if you can send me the copy of the order by Delhi Consumer Court. I have sent you a private message and have given my mail ID.

adv. rajeev ( rajoo ) (practicing advocate) 30 January 2011

Sridharan Sir, You will have to file a execution petition where the respondent resides. In your case you have obtained the order from Delhi Consumer forum. If respondent is not complying with the order of the forum you can also initiate criminal proceedings in the same execution petition by filing an application.

Kumar Doab (FIN) 30 January 2011

Sir,

You may send a notice to the oppossite party stating the title of the complaint and ecision of the forum and that you have receivedyour copy of the decision and the opposite party must have also reeceived their copy supplied by the forum at their address.

Ypu may point out to the opposite aprty to ensure compliance of the decision within the stipulated time or you shall be constrained to initiate the excution proceedings at their cost and consequences.