Varun 26 September 2017

Disobedience of court order by thane district tehsil office

Dear Sir

We have a case against a Developer for non delivery of property promised in 2005 and Honorable Court for Consumer Dispute – Thane District had ruled in our favour in 2010. The developer had not obeyed the courts order and we approached the court to issue order under section 25 to attach the properties of the developers and make payment to aggrieved party (i.e. me). Court issued order with this regards against our Petition No. EA-15-2013 in Dec 2014 and directed the Collector office to attach the properties and pay our dues.

Since then we have been following up with Thane Tehsil office to do the needful. After numerous attempts we could get the status that 4 notices including confiscation (japti) where issued to the developer until July 2016 but since then no progress has happened on actual attachment. We have been following up with Mandal adhikari who is responsible to get this done. But no response since past 1 year. On one pretext or other they postpone our case. Meeting Tehsildaar has been futile as deputy tehsildar's just don't allow our application to move ahead.

I have tried lokshahi din as well. But no response yet.

Can I proceed to court with contempt proceedings against tehsildar? What are the ways I can approach the district forum? Is possible to file the case without lawyer? Because my previous lawyer isn't interested in this work anymore.

thanks in advance

Varun

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3 Replies

Tushar Jha (Advisor) 02 October 2017

Does the court order specifically mention that "Collector" has to attach the property of the Developer ? If Yes, then you can file a contempt petition in the Court which passed the orders for attachment.

As per Section 2(b) of the Contempt of Courts Act, 1971 disobeying a court order tantamounts to 'Civil Contempt'.
Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court.
Complaint of contempt has to be filed within 1 year of the date on which contempt occured.
You can move an application under Section 2(b) of CoC Act, 1971 on your own without engaging a lawyer.

For more details, see this : https://www.mcrhrdi.gov.in/88fc/Week-12/Contempt%20of%20Courts%20in%20India.pdf

Varun 03 October 2017

Thanks for reply. Yes. The court order directs the 'Jillaadhikari' / Collector to recover money from developer group. I have applied for 'Lokshahi Din' at Tahsildaar and will do so in Collector Office as well in December (they have mandatory period gap of 1 month + 15 day notice). Once I have written replies of 'Lokshahi Din' I will have concrete documents to apply for contemp of court.

Thanks for helping with section details. But I have passed almost 3 years now. Will it still hold contempt?

Tushar Jha (Advisor) 23 October 2017

Since more than one year has passed from the date of order, no contempt proceedings can be initiated against the Collector or any of his/her subordinates.
Your grievances stands at getting the Court order executed. Then, I guess you should file 'Writ of Mandamus' in the Hon'ble High Court praying for orders/directions from the HC for compliance of order by the District Authorities. That is the maximum which you can do as of now.

Good Luck.