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vikas mishra (ADVOCATE)     17 January 2009

EXECUTION PROCEEDINGS IN THE CONSUMER COURT

Can any one tell me how is the decree of the consumer court be executed

 one of the parties on won the case against the builder,she got decision in her favour in both the district forum and the state commision where the builder was directed to give the possesion of the flat and the compensation, but he is not complying with the order , can detention proceeding and atthachment be done simultaneoslyor which is the better option?



Learning

 19 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     17 January 2009

DEAR VIKAS,


For execution of the " DECREE" of the Consumer Court, you have to file an "EXECUTION PETITION (EP)" same as civil proceeding of Civil court. 


So, by filing the E.P, get attach the Flat and take possession through bailiff of the  court.   

AEJAZ AHMED (Legal Consultant/Lawyer)     17 January 2009

Every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final.


Every order made by the District 'Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission, as the case may be, in the same manner as if it were decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the national Commission to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-


(a) in the case of an order against a company, the registered office of the company is situated, or


(b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent


(Guest)

NANDKUMAR B. SAWANT.,M.COM. LL.B.(MUMBAI), ADVOCATE


MOBILE. 09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


 


(Guest)

YOUR DIST. CONSUMER COURT AND STATE CONSUNER COURT DECREE CAN BE EXECUTED .YOU HAVE TO APPLY TO DIST CONSUMER COURT UNDER SECTION 27 ,AND ENCLOSE THE COPIES OF BOTH THE JUDGEMENTS INCLUDING DIST .CONSUMER COURT JUDGEMENT AND STATE CONSUMER COURT JUDGEMENT.NOTICE WILL BE ISSUED TO THE OTHER SIDE AND YOUR JUDGEMENT CAN BE EXECUTED THROUGH DIST CONSUMER COURT.


THANKS AND REGARDS.


NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE,


MOBILE.09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


 

vikas mishra (ADVOCATE)     18 January 2009

Thanks a lot Mr.Ahmed Is there any procedure to attach through the collector there  is no procedure of attachment through baillif of the court .Consumer court does not have the system of bailif. 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     18 January 2009

You can  initiate  proceedings as respondents as done in case of  revenue recovery, by obtaining attaching and obtainging sale certificate from the district collector.

Pankaj Rai (Lawyer)     18 January 2009

Dear , According to section 25 of The Consumer Protaion Act you may file a execution petition before State commission ,as the case may be ,may order the property of the person, not complying with such order to be attached .


No attachment made shall remain in force for three months at the end of which, if the non-compliance continues the property attached may be sold and out of the proceeds therof,The State Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled therto.


According to section 27 of The C.P.Act  Where a trader or a persion against whom a complaint is made fails or omits to comply with any order made by the District Forum, State Commission as the case may be , such trader or person shall be punishable with imprisonment for the term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.


 

sanjay singh thakur (advocate)     19 January 2009

Dear Vikas


Filing Execution case is very simple under the provision of the CP Act, 1986. You can file the same by drafting one petition, normally of one or two pages, as you have to annex the Judgements and just pray the Court/Forum to start the proceedings under sections 25 and 27 of the Act.   

Thyagarajan (Property management)     03 October 2009

Dear Sir,

It appears scope of the EP proceedings are limited to see whether the orders of the Forum in originol petition are obeyed by the opposite parties. Usually the EP is filed before the same President who made order in OP. If it happens that a new President has taken over when EP is filed there is no guarentee that the meanings in the orders word by word will be taken the same way as the previous Judge. In my case complience was only in parts but the new President dismissed my petition saying he can not investigate whether complience is in part or full.

Good luck.

RT

 

V.T.Venkataram (Advocate and Consumer Activist)     06 October 2009

You may file a petition under Section 27 of the Consumer Protection Act, 1986 for execution of the decree(order) passed by the Forum and upheld by the State Commission. The following format may be used :-

Before the Consumer Disputes Redressal Forum, (place)

E.P.No.------ /2009 i n C.C..No---------of 19--

Between: ---------                                                                                 Decree Holder/Complainant

----Vs---

------------------------------------                                                           Judgement Debtor/Opposite Party  The Decree holder Applies for petition U/s 27 of the Consumer Protection Act, 

1.Number of the Complaint                              C.C.No--------of 19--

2. Name of Complainant and address          --------------------

3. Name of opposite party with address          -------------------

4.Date of decree

5.  Whether any appeal has been preferred from the decree. :

 6. Payment or adjustment  made, if any

7.Whether the order  has been transferred t

in favour of any person or not

8. Previous application. if any

with date and result.

9. Amount with intersst due

Decree or relief granted thereby

together with particulars of

cross decree compensation

10. Amount of Costs, if any awarded

11. Against whom executed:

 

I do hereby declare that the above stated facts are true to the best of my knowledge , faith and belief.

Dated at------(place) this the ----day of -----(month)------(year)

                                                                                                       Decree Holder

_________________________________________________________________________

The above form should be accompanied with an affidavit

1 Like

yogesh (will tell you later)     06 October 2009

File the execution application which will serve the notice under section 27 of the CPA Act and the parties will bound to respect the order

I think attachement is done only in criminal/ civil court

However the Forums too have the powers in certain situations

Bhushan V. Kale (Lawyer)     06 October 2009

I think application U/s 27 of CP Act will be proper. Procedure of detention is better and fast than attachment.

Gundlapallis (Advocate)     04 November 2009

Venkatraman sir

the nomenclature for consumer execution petitions is EA not EP.

in your format that should be EA No:        / oooo

kiran (student)     04 August 2011

yes, NOW THE EP STANDS FOR EXCECUTIO PETITON


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