Last Updated on February 21, 2019 by Legalseva.net
Not everyone knows but it is true that after winning your consumer case in District Consumer Disputes Redressal Forum (Chandigarh Panchkula Mohali ) or State Consumer Disputes Redressal Commission (Punjab & Haryana) you may have to file execution proceedings in the same Court in the event of Opposite Party (OP) not obliging the hon’ble court’s order.
The defiance of not complying the order of consumer fora may invite trouble to OP’s under Section 25 and Section 27 of the Consumer Protection Act, 1986.
Let us see what are these sections all about:
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Section 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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Section 27-
Penalties. — (1) Where a trader or a person against whom a complaint is made 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 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 offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.
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In short, the assets of OP’s can get attached under Sec 25 and they may have to go to jail upto 3 years for non-complying the consumer courts order.
But I have won the consumer case already and why should I file a new case or execution application in the same Court?
I understand the anger but in case on non-compliance one has to execute the court’s order and that’s why section 25 & 27 exists in Consumer Protection Act.
Do not worry as OPs have to compensate for each and every day of delay with interest and litigation expenses of the execution proceedings as well.
So whatever expenses you will incur will come back with time along with interest.
Also Read- RERA OR CONSUMER FORUM?
What is the time period for filing EA?
After 30 days of consumer courts order and ensure that no appeal has been filed against the said order.
But what if OPs are appeal? Check that they haven’t got any stay and still execution application, EA in short is maintainable. But this will be a least case as Appellate Consumer Courts grant stay before hearing the appeals or ask OPs to deposit more or the entire amount of courts order.
You can engage an expert/best/Top rated consumer lawyer of Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi Mullanpur Garibdas for your consumer case, appeal to State Commission or execution proceedings.
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How to prevent OPs from getting Stay in the State Consumer Commission or National Consumer Commission?
Answer to this is simple. While for a stay and no orders will be passed in your absence. I mean it. Caveat is usually active for 90 days and till that time , time for filing appeal gets over.
But why wait that long and that’s why I say file execution application on expiry of 30 days of receiving hon’ble consumer courts order.
As such there is no time limit to file execution proceedings but it is well advise to file as early as possible.
Few things to consider before filing for execution application before district consumer Forum or state consumer commission :
1 The parties should be summoned by name who participated in the proceedings below.
2 There is no administrative fee for filing Execution application but lawyer’s fee is separate. He may charge you as per your judgement of the courts order.
3 The execution proceedings usually gets over in 6 months or it may stretch upto one year depending on the situation in hand.
4 Remember to identify the most recent address of OP’S and list of assets, properties, projects, Car, bank accounts etc for the attachment and issuance of warrants.
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5 The place remains the same. You have to file the case in the same court where you have won the consumer case. So no need to travel anywhere.
6 You can file either Sec 25 & 27 application individually or together. Both are acceptable.
7 Costs or fee for the consumer case remains mystery and a lot depends on the amount you are entitled to get as per order. Good legal advice is proportionate to good lawyer fee.
8 Where can I get good legal advice related to consumer matters or cases? Follow this list:
9 What if the OPs have left the place and are untraceable. Even no properties are discoverable? Then only God can help you. Please try to find out or else it’s over.
10 Can I ask you something? Sure. Please. Dial 99888-17966 for more info on the subject matter.
Also Read- CONSUMER COURT- A QUICK GUIDE FOR TRICITY
Hope the concept regarding execution application of consumer courts order is clear. Read more , live more. Till then keep coming to LegalSeva for more consumer courts updates.
