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kamal kishore   29 August 2020

how to get ncrdc judgement executed

sir, pls advise how to ger ncrdc judgement executed.my case judgement arrived 3.5 years ago .ncrdc gave 6 months to builder but builder yet to honor it.


Learning

 4 Replies

Isaac Gabriel (Advocate)     29 August 2020

You can search for the judgement in the website of the commission.

kamal kishore   29 August 2020

sir, judgement is available but how to get this implemented

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     29 August 2020

You may file  execution petition under either Section 25 or section26 of Consumer Protection Act

 

Section 25 of the Consumer Protection Act, 1986

 Enforcement of orders of the District Forum, the State Commission or the National Commission.—

(1) Where an interim order made under this Act is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.

2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.

(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.]

Section 27 in the Consumer Protection Act, 1986 

Penalties.—

 [(1) ] Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a 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 thousands rupees but which may extend to ten thousand rupees, or with both: 

[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).(3) All offenses under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.

kamal kishore   29 August 2020

how to get ncrdc judgement executed

 Total Replies : 3

  kamal kishore     29 August 2020sir, pls advise how to ger ncrdc judgement executed.my case judgement arrived 3.5 years ago .ncrdc gave 6 months to builder but builder yet to honor it.


  Isaac Gabriel     29 August 2020

You can search for the judgement in the website of the commission.


  kamal kishore     29 August 2020sir, judgement is available but how to get this implemented


  {Balu manikantan} SUBRAMANYAM     29 August 2020

You may file  execution petition under either Section 25 or section26 of Consumer Protection Act

 

Sir, can I hv your contact nos. to discuss the case further.

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