Upgrad LLM

execution proceedings in the consumer court

ADVOCATE

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?

 
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Legal Consultant/Lawyer

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.   

 
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Legal Consultant/Lawyer

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

 
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LAWYER-ADVOCATE

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


MOBILE. 09325226691, 09271971251


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


e.mail.nandkumarbs@sify.com


 

 
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LAWYER-ADVOCATE

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


 

 
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ADVOCATE

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. 

 
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Advocate & Consumer Rights

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

 
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Lawyer

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.


 

 
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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.   

 
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Property management

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

 

 
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