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MANNE SN (Chief Consultant)     15 March 2013

Seek advise on consumer forum judgement

Sir,

I am M.SREELAKSHMI, A Small Farmer.We havew filed a Case against A Borewell Driller for his Defficiency of Service.He has not Responded for our Legal Notices and the Notices sent by the Dist. CONSUMER FORUM, R.R.District ,AP.The Judgement is as follows:

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"We also award a reasonable amount of Rs.2000/-to the Complainant towards costs of the Complaint which shall be paid by the Opposite Parties.In the result the complaint is Partly alloweddirecting the Opposite parties to repay the amount of Rs.67,365/- i.e. the cost of Drilling and casing Pipes along with an interest of 9%p.a. from 14-12-2011till relization.The opposite parties are directed to pay to the complainant Rs.10,000/- as compensation towards mental agony and Rs.2000/- towards costs.The Time for Compliance is one Month from the Date of Receipt of this Order."-

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My doughts are:

1) Whether we need to file an EP for relisation of the award as is in Civil case.?

2) As the Opposite Parties being exparte , are they can approach A.P.State Consumer Forum ? In such be the case  shall we need to file caviate in State Forum restricting to award Stay of the District Forum Proceedings.

3) Some of our Friends informed that, since they are being exparte, they are not elegible to approach State Forum on the Judgement of Diostrict Consumer Forum.? Is it Correct.

 

Kindly advise us on the above Points Please.



 2 Replies

Advocate M.Bhadra   15 March 2013

Please note the following:------------------------------1) you have to file an Execution Case in the same Forum.  2)They can approach, but the application may be rejected.  3) yes,it is correct.

Its thirty days,priovided that the State Commission may entertain an appeal after the expiry period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 March 2013

 

You can file the execution under Section 25 or Section 27 of the Consumer Protection Act, anytime within 12 Years.


There is no limitation prescribed in the Consumer Protection Act for executions, so you will have to fall back on Limitation Act, as per which you have 12 years.

 

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