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Reformist !!! (Other)     06 June 2014

Ex-parte case

Hi Friends,

I have a query. I have won a consumer case as other party did not appeared after 1st date and the judge proceeded the case with ex-parte.

My query is how will i get money from other party after winning the case.

And if he does not give the money ordered by the court, what steps shall i take to get my money back from the other party.

Pls guide.



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     06 June 2014

You have to file execution petition u/sec 25 of consumer protection Act and get atteched the property of opposite party.

Reformist !!! (Other)     07 June 2014

Thanks for the response. So should i wait for 1 month to get the payment 1st and then only file the execution.

Shivesh Sinha (Legal Adviser)     07 June 2014

Dear Reformist,

For getting complied with the Ex-parte Order, passed by DCF, you may file an Execution Case u/s 25 & 27 of the C.P.Act, 1986 in the same court of DCF if the O.P. fails to comply the same within the scheduled period prescribed in the order.

Further, if the O.P. has filed an Appeal u/s 15 of the said Act, 1986 before the concerned SCDRC, you have to pursue the Executing Court, i.e; DCF to pass an Order directing the O.P. to bring STAY ORDER of SCDRC on the case record, which is being granted by SCDRC with direction to deposit the awarded amount (after deducting the statutory deposit, being made by him for maintainability of the Appeal) in the DCF, which won't be disbursed to either party, till final disposal of the respective Appeal.

Please ensure that a certified copy of the said Ex parte Order has been dispatched to O.P. by the learned DCF. Also, from your end a copy of the certified Copy of said Order should be sent to ascertain the proof of required dispatch of the same.

Feel free to approach me for any further clarification & needful legal advise / assistance, if required so by linking through www.powertoconsumer.in OR on my mail i.d. shivesh@powertoconsumer.in

Thanks,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in

 

 

Reformist !!! (Other)     08 June 2014

Thanks Shivesh Ji for your detailed reply. Will surely contact u for further queries.

Shivesh Sinha (Legal Adviser)     20 June 2014

Dear Reformist,

Thanks for your comment of being satisfied with my response to your Query.

Feel free to approach me by linking my website : www.powertoconsumer.in

Being launched to extend Free legal advise & assistance to Consumers. Please visit the site & be pleased to extend your LIKE to it by linking its FB.

SHIVESH SINHA

ADVOCATE Cum LEGAL ADVISER to www.powertoconsumer.in

Email : shivesh@powertoconsumer.in


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