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Legal Fighter (Advocate)     23 July 2010

Execution applicaiton or petition before consumer forum?

Whether the execution filed before consumer protection act is application or petition? Can we file multiple execution applications before the forum?



 4 Replies


(Guest)

APPLICATION UNDER SEC.27 OF CONSUMER PROTECTION ACT CAN BE FILED ENCLOSING COPY OF JUDGEMENT AND EXECUTION OF JUDGEMENT CAN BE PRAYED.

KINDLY NOTE THAT FOR EXECUTION OF ANY PARTICULAR JUDGEMENT OF CONSUMER COURT ,ONLY ONE APPLICATION IS SUFFICIENT AS IT IS TO BE FILED IN THE SAME CONSUMER COURT WHICH HEARD THE CONSUMER COMPLAINT AND PASSED THE JUDGEMENT.

GOOD LUCK.

DR.SANAT KUMAR DASH (Eye Specialist)     10 August 2010

I    AGREE    WITH    THE    LEARNED     ADVOCATE    MR.SAWANT.

MUKESH (Legal Consultants)     12 November 2010

ONCE THE FORUM HAS ALLOWED A COMPLAINT AND BY VIRTUE OF THE FORUM'S ORDER, THE AMOUNT IS RECEIVABLE BY THE COMPLAINANT, THEN THE CONSUMER PROTECTION ACT PROVIDES FOR TWO COURSES OF ACTION. ONE UNDER SECTION 25 (3) OF THE ACT AND ANOTHER UNDER SECTION 27. HOWEVER, I WAS ASTONISHED TO SEE THAT CERTAIN FORUMS INSISTED THAT THE COMPLAINANT CAN NOT PROCEED UNDER BOTH SECTIONS SIMULTANEOUSLY AND COMPELLED THE COMPLAINANT TO CHOOSE EITHER PROCEEDINGS UNDER SECTION 25 (3) OR 27. TO BEGIN WITH, THE ACT DOES NOT EXPRESSLY PROHIBIT MAKING APPLICATIONS UNDER BOTH SECTIONS. SECONDLY, THE OBJECTIVE OF BOTH SECTIONS ARE DIFFERENT. SECTION 25(3) IS FOR RECOVERY OF AMOUNT DUE TO THE COMPLAINANT ( CIVIL REMEDY) AND SECTION 27 IS FOR PENALISING THE OPPOSITE PARTY FOR NON COMPLIANCE OF THE ORDER (CRIMINAL PROSECUTION). I WONDER AS TO WHAT PROHIBITS APPLICATION UNDER BOTH SECTIONS. I WAS INFORMED THAT THERE IS A NATIONAL COMMISSION JUDGEMENT PROHIBITING APPLICATION UNDER BOTH SECTIONS. WILL SOMEONE PROVIDE ME WITH CITATION? PROHIBITION IS NOT ACCEPTABLE LEGALLY AND LOGICALLY AS WELL.

Ganesh Naik (Teaching)     18 August 2018

Thnks for your reply. 


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