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Sidhhi   02 October 2023

Commercial CoOp Society?

A Commercial CoOp Society has refused to comply with the order of Consumer Commissioner to pay 7.5 lacs to a complainant member for causing him willful harassment, mental agony and financial loss on the ground that it doesn't have resources.

What next for the Complaintant because the order has become redundant and can't be enforced? TIA


Learning

 2 Replies

Real Soul.... (LEGAL)     02 October 2023

How it became redunadant and ineffective, just file for execution.

T. Kalaiselvan, Advocate (Advocate)     02 October 2023

Have you file an execution petition to execute the orders passed by the commission?

If not filed yet, then you may file an execution petition under section 71 and 72 of the Consumer protection act to enforce/execute the decree/orders. 

Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.


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