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VGGoswami (Lawyer)     13 September 2011

Execution of order u/s 25 & 27, CPA

Dear Sir,



I filed a petition & Distt. Forum ordered on 09.02.2005 that respondent (A reputed co.) to pay me an amount with interest. But respondent had not yet been paid any amount to me as ordered by DF. I am requesting & reminding respndent regularly by Oral, Written mean and even by Registered Notices (about five notices) after DF's order till 30/09/2010. But respondent even ask me by letter that what was in DF's order.



It must be noted that neither respondent had depositted any amount as required for appeal, nor respondent made any appeal against DF's said order till now. There is not any reasonable cause for delay.



Then I have filed an execution application in 10/2010 u/s.25 & 27 CPA. Now, in last moments of execution case, respondent is ready to pay only ordered amount with interest (not execution expenses)before DF & president of DF convinced with respondent without any legal ground & doesn't want to impose any penalty on respondent & doesn't want to be imprissoned respondent. President of DF says that because now respondent ready to pay ordered amount with interest, so no question arises to impose penalty/imprissonment or payment of execution expenses/cost.



I argued that respondent had overlook DF's order for more than six years even overlook my oral, written & regd. notices and so respondent must be punished for that attitude & respondent also tease me for over six years. And therefore, none reason to forgive respondent.



Please guide me as soon as possible, in this circumstances :

1. Can I get success in impossition a penalty on respondent upto maxium limit ? If yes, please refer case-laws.

2. Can I get success in imprissonment to faulty officers of respondent ? If yes, please refer case-laws.

3. Can I get execution & notices & other reasonable & actual expenses of execution proceeds ? If yes, please refer case-laws.



Learning

 4 Replies

karthika (Advocate)     15 September 2011

it is the discretionary power of Judge to impose fine and cost. you can't force them

dev kapoor (Honorary Secretary)     17 September 2011

Mr Goswami,

The law of equity that is the basis of Consumer Protection Laws has a saying, "EQUITY FOR THOSE WHO VLUE EQUITY". Your proposition is simple in nature but of its own kind in the law of consumarism.You did not file EP for SIX LONG YEARS & still you blame PO of the DF that he did not awards you compensation or costs etc .Thats not fair.So this by itself replies your qn.

Narender Raj G (Advocate)     24 September 2011

Your anguish is reasonable.

Please look into your petition. It is filed under section 25 and 27 of C.P. Act. 

Section 25 of C.P. Act deals with civil execution only.

If you want the wrong doer be punished, you could have filed only under section 27 of C.P. Act.

If you insist before the District Forum, The D.F. may impose some sort of Punishment in the mode of fine only; even amounts are paid as the section 27 deals with offence. 

In fact, Foras under C.P. Act are giving importance for execution of Awards instead of wasting time in criminal procedure.


DR.SANAT KUMAR DASH (Eye Specialist)     11 November 2011

You  should  file   a   Petition  u/s 27  of  the  C.P.Act,1986   for  the  remedies  as  required  by  you.


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