Reformist !!! (Other) 14 August 2014

Execution application

Hi Experts,

I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum.

I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of Consumer protection act in execution petition, so that the other party pays my money in a rapid manner.

My query is if i file u/s 27 and draft my prayer as per section 27 of CP act then judge may issue warrant and in that case will he be able to take BAIL or stay for Arrest. Pls guide me on this point.

Other query is if i do not include sec 25 and files under 27 only, then will judge be able to pass recovery orders after selling Opposite party's property/bank accounts ?

Pls. guide me how shall i proceed.

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4 Replies

Advocate Bhartesh goyal (advocate) 14 August 2014

/sec 25 of consumer protection act is for enforcement of order whereas sec 27 deals with penal clause if you want to get punish to opposite party then apply u/sec 27 of act Better apply u/s 27 so due to fear of arrest opposite party would comply with the order.

Reformist !!! (Other) 15 August 2014

Judge ordered to pay the money in 1 month. Already 2 months are over after the order. Please let me know if i apply for execution under sec 27, will he be able to get BAIL from District/State or National Commission ? 2nd question is if he does not pay my amount, judge may award him imprisonment. In that case, what will happen to my money ?? So should i made application under both section saying read 25 with section 27 or only 27 will be enough to get my payment or judge will award only imprisonment in this case if i file only 27 and will not ask for amount recovery ? Please guide me.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 August 2014

Are you thinking too much ahead, I suspect? How much is the amount involved? Is it so big that the opposite party should try all the tricks in the world? As the party is not paying even after 2 months, you apply under both the sections and watch. Remember the opposite party also will have to incur expenditure if he chooses to fight rather than pay up.

Reformist !!! (Other) 15 August 2014

Hi MPS, I know i am think way too ahead. Actually OP party is fighting almost 40 cases against him as he has done fraud with number of people. So he is use to coming to District forums. Some people has filed criminal cases against him too, but he has taken Interim Bail from HC and is on bail since last 1+ year.

That is the reason i am thinking way ahead and planning the steps according to his reach and power. He has done fraud of 500 crore from various people.