Upgrad LLM

procedure to claim award - district forum consumer


hi
what is the procedure to collect the award, once a affect party is passed a award by the district consumer forum.
how long it take to get the award settled..
can the other party still file a appeal trying to drag the settlement for a further period..the affected party already has the case running for 5 yrs in the district forum..
what if there is a dely in the award and how to proceed with it

 

 
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Business

The Opposite Party has the right to file appeal in the State Forum till the period for same - as mentioned in the Award has not expired. Even after that, for sufficient reasons, the State Forum may condone the delay in filing the appeal.

After this period ( called the Limitation period ) is over and the award not yet complied with, you can file for an Execution Decree with the Forum which passed the award. this is a simple procedure but results in a Court Order, non compliance of which then becomes a cognizable offence.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

For more on Law For the Layman visit http://lawforall.in

 

 

 

 
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sir,

thanks - as far as filing execution decree process is concerned, how long will it take to result in form of court order ..that i can use to get this claimed.

will the court directly send the court order to the opposite party or the affected party needs to collect and send it to court order?

 

 
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District Consumer Forum - (VI), New Delhi, Vikas Bhawan,  I P ESTATE, New Delhi has delivered a  judgment on 16.2.2015 in favour of my wife against Gardenia India Co., New Delhi and the same was despatched on 20th Feb.2015 by Speed Post. As the Forum has agreed in  and rejecrespect of a single demand only against the claim on 5 other genuine demands, my wife has preferred an Appeal on 13-3-2015.  The Opp. Party has also appealed against the judgment on 31st March, 2015 without filing an application for condonation of delay and without accompanied by a notorized affidavit.  Yet, the Appeal of the Opp. Party was accepted by the Delhi State Commission. The Opp. Party, however, had deposited Rs.25,000/- in the form of a crossed DD in the State Commission which is a pre-condition for filing the Appeal.

The Realtor told his cronies that he will drag the case endlessly so that the Complainant who is 70 years old and a serious heart patient will die in the mean time so that the case will come to a tragic end to his advantage..  The District Forum in its Order has quoted the Hon. Supreme Court Order in giving relief to the complainant and the Builder has challenged the Apex Court Order in the  Delhi State Commission.

(i) How to ensure speedy trial in the Delhi State Commission?  Medical Record of the Complainant has already been produced to the State Commission. The Complainant has appeared as a Party-in-Person before the Dist. Forum so also before the Hon. Delhi State Commission.

(ii) Whether action can be taken to claim the compensation awarded by the Dist. Forum (Rs.2 lakhs  along with 9% interest w.e.f.28.10.2009 till the date of payment plus Rs.35,000/- as legal expenses and for harassment) under Sections 25 & 27 of the Consumer Protection Act, 1986 when the case is still pending in the State Commission?

Kindly give your well considered views on the above issues.

samsrirao@rediff.com

 

 

 
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Business

@mr. Rao - suggest open a seperate thread with your query so that it is more visible.

 

delaying trials are the bane of Indian legal system and nothing can be done about it since it serves the system itself. Else there are plenty provisions in law- and specifically consumer protection act - for expediting proceedings and particularly involving Senior Citizens. You may file an appeal and on rejection proceed till the Supreme Court to perhaps get a judgement which will help you as well as many others who follow.

 
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Business

@profile..

Application for an Execution Decree is a fast procedure. While court is supposed to send it to the party it is in your interest that it is served, perhaps by doing it yourself and giving proof of service to the court so that the process is expedited.

 
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Advocate

Mr. Hardeep has strained to explain very properly to both the queriests and I agree to the opinion and suggestions made by learned expert in this regard.  Nothing more to add to the detailed reply therein. 

 
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Advocate

@ Mr. S. Srinivasa Rao,

The heart patient complainant of 70 years can submit before the court his medical report in support of his ailment and a xerox copy of his voter ID card as proof of age and pray for early hearing of the case giving top priority as specially fixed matter and dispose it accordingly as the developer being a moneied man threatening him to linger the case for an indefinite period on different pretext.. 

 
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