cpc

consumer complaint execution


Dear All,

               Please assist me on this. The Consumer Forum has issued NBW against my client who was a party to the complaint since he was associated with the Institution he was working with. The complaint was filed when he was associated with the institution. By mistake the complainants arrayed him as a one of the directors and his name was shown in the cause title as director along with two other directors. In fact he was just an employee of that institution and the other two were the directors. At the time of filing the Version/written statement/objections to the complaint, that point was not raised. But he is not the director, but just an employee. The Consumer Forum allowed the complaint and directed the Opposite Party i.e. my clients to refund the amount as prayed in the complaint. Later an appeal was preferred wherein the then director represented the appellant institution because the directors had changed. Appeal was dismissed by both the Hon'ble State Commission and  Hon'ble National Commission. Now execution is filed by the complainants. The Forum issued NBW against the previous Directors and also the employee [who has quit the job now] who was made a party as director by mistake and that contention was not raised in the complaint or anywhere else. I filed bail application on behalf of the ex-employee and got him released on bail. Now I need to get the ex-employee out of this. The case is in plea recording stage. So please advice me as to what applications can I file to free the ex-employee who is on  bail now? Can we approach any other Court for seeking relief for him? Please advice.

Thanks in advance

Regards

Ajay R Aneppanavar 

 
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