Upgrad LLM

what next if consumer court fails to recover decretal amount

Sr Manager - Legal

Can anybody tell me the actions on the part of the complainant if the Consumer Court failes to recover the drecretal amount from the Respodent. 

 
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Scientist/Engineer

The procedure to recover decreed amounts is given under Civil Procedure Code. I do not know whether Cv.P.C. applies to consumer court or not. I heard that there is proposal to amend Consumer Law to include recovery procedure. So probably at present Cv P C may not apply to Consumer Courts

 
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Sr Manager - Legal

Consumer Courts have their own recovery procedure and I think Civil Court has nothing to do with it.  But if the consumer court fails to recover, what next?

 
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Scientist/Engineer

I am giving below Section 25 from the Consumer Protection Act, which is self-explanatory on the subject

 

     25. 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. 


 
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