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S.SINHA   30 April 2022

Executon application in consumer case

I have a legal query related to India. My execution application in one of the District Consumer Forums has been pending for more than 6 years. The consumer court order has given the order in my favor but it appears that the court itself is showing leniency to implement its own orders. That is why 6 years have passed, and more than 40 court hearing has taken place but the Respondent ( Judgment Debtor) has been playing a hide and seek game from the court. For example on one hearing he appeared and remain absent in subsequent hearings as a result court send him notice. The Court just gave me dates after dates but no punitive steps have been taken to implement their order. I even report this issue to the National as well as state commissions in 2020, which forwarded my complaint with remarks to consider my case on a priority basis. Despite this nothing has been done and I have been relentlessly facing the harassment to attend the court hearings for the paltry amount which the Respondent has to pay. The Forum, instead of taking action against the Respondent, encouraged me to settle the matter with the Respondent. I think it’s my wrong decision to approach the District Forum as consumers won't get justice
Any useful suggestions please welcome



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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 April 2022

Hello,

You can approach the consumer forum u/s. 25 and 27 of the consumer protection act for the execution of the judgment. Usually, these applications get decided within 1 or 2 dates after serving of summons.

Shashi Dhara   30 April 2022

From past 2and half years due to COVID everything has became -----.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2022

File a writ of Mandamus before the High Court  to order the District Commission to take action under Section 27.

 

Maya Singh   02 May 2022

We Indians have made justice hard to get. Long live Indian democracy.

S.SINHA   16 July 2022

@shirish...Bitter reality is that these applications were filed in the year 2017 itself, The members/ are not disposing these applications for the last 5 years, after taking more than 40 dates. They hold the courts at 11:30 a.m and complete everything at 12:30 p.m .They just gives dates and complete the pleadings and adjourn the matters after another reason. There are many such matters pending for more than 10 years

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 July 2022

As I already stated file a writ of mandamus in the High Court.


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