Last Updated on April 10, 2019 by Legalseva.net
With rising importance of consumers and their contribution in growth of the economy, the importance of protection of consumer rights, fair & transparent transactions is ever than before. Everyday thousands of decisions are passed by consumer courts spread across the city directing various orders to either remove the deficiency or make a refund and compensate.
Also Read- CONSUMER COURT- A QUICK GUIDE FOR TRICITY
But not all decisions of Consumer forums of Chandigarh Panchkula Mohali Zirakpur Derabassi are complied and for that one has to file execution petition. The execution petition has to be filed before the same court who awarded the judgment/decree.
For e.g. if District Consumer Forum Chandigarh Panchkula Mohali gave the orders than it has to be filed there only or if State Consumer Commission Punjab & Haryana has given an order, than it’s execution be filed in State Commission only.
Also Read- RERA OR CONSUMER FORUM?
Now the consumer has two options to get the order executed:
1 First get the property attached if the order is not complied.
2 Get the defaulter arrested for non compliance of consumer court’s order.
Let us read Section 25 of Consumer Protection Act, 1986 that talks about the attachment of the property:
[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.]
Also Read- LEGAL NOTICE BEFORE CONSUMER COMPLAINT
Now let us Read Section 27
27. 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: 97
[(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.
Here the procedure to be followed is as provided under Chapter XX & XXI of Code of Criminal Procedure is required to be followed.
Also Read- EXECUTION OF CONSUMER COURT’S ORDER
Now what is the difference between Section 25 and 27 of the Consumer Protection Act?
Section 25 provides for attachment of property and Section 27 about Arrest in case the orders of consumer court are not complied.
Another interesting fact is whether CPC is applicable to Consumer Protection Act or not?
The aforesaid view of the specific provisions of Section 13(4) of the Consumer Protection Act read with Regulation 26, makes it clear that the provisions of the CPC in general are not applicable in the proceedings under the Consumer Protection Act, except to the extent provided for under Section 13 of the Act.
It is a clear law that executing court can’t go behind the decree.
Also Read- CHALLENGE CONSUMER COURT ORDER IN STATE COMMISSION PUNJAB HARYANA
If someone prefers to challenge orders passed under Sec 27 of the Act, then Sec 27A provides for the same:
Sec.27A Appeal against order passed under
Section 27
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal under section 27, both on facts and on law, shall lie from –
(a) the order made by the District Forum to the State Commission;
(b) the order made by the State Commission to the National Commission; and
(c) the order made by the National Commission to the Supreme Court.
(2) Except as aforesaid, no appeal shall lie to any court from any order of a District Forum or a State Commission or the National Commission.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Forum or a State Commission or, as the case may be, the National Commission :
Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.”
Also Read- CONSUMER PROTECTION ACT FAQ
What is the limitation for filing execution application in Consumer Court?
On expiry of 30 days is a reasonable period or else time given in the orders to comply with the orders.
Even a execution application can be filed against an ex-parte order.
You must also give list of properties to be attached with along with application under Section 25 of the Act as this would help in the attachment later.
For more info on subject , feel free to call 99888-17966. This post is written by Advocate Satish Mishra practicing law in consumer courts across tricity and State Consumer Commission of Punjab & Haryana.
