By mistake filed a wrong affidavit in consumer court

Querist : Anonymous (Querist) 09 August 2011 This query is : Resolved
Dear All,

I won a consumer forum case and the Opposite Party was given 8 weeks from receipt of the order to pay me the costs and compensation. They did not pay and I went in for execution.

In the execution application I had to file a affidavit stating that the "Order has become final and executable"

I was told by the executives at the consumer forum that the order is dispatched within 2-3 days. Hence I filed the execution application accordingly assuming that after 4 days the order would have been received by the OP.

During the course of the execution I learnt that the order was posted after 10 days. So technically when I filed the execution application it was not 'final and executable' but after a week became executable.

My query is: based on the above facts can I be held liable for filing an affidavit which had an unintentional mistake.

Further, 6 months have passed and the OP has not paid the Compensation and has filed an Appeal after 2.5 months of the order. (Appeal still pending and condonation of delay not accepted)

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Advocate Rajkumarlaxman (Expert) 09 August 2011
If the satge is over now need not worry.

Querist : Anonymous (Querist) 09 August 2011
Dear Rajkumarlaxman,

The execution application has been accepted by the Forum. The Op has filed a response. No stay on execution has been given by the State Commission.

Is there anything to worry. Should I write to the District Forum of the unintentional error that happened?

ajay sethi (Expert) 09 August 2011
what is the response filed by OP? has the Op contended that when applicationwas filed by complainant order had not become executable ?

Querist : Anonymous (Querist) 09 August 2011
Dear Ajay,

The OP has not contended anything on this date error. Their response stated that they have filed an Appeal in the State Commission and till the time the commission does not hear their application for admission of appeal the execution application should be deferred.

Thyagarajan (Expert) 09 August 2011
You follow up the case in dist. Forum. Since you filed an execution petition the forum had to dispose it off. See how it is disposed and then you can act.

Raj Kumar Makkad (Expert) 09 August 2011
You have not to worry as this affidavit do no contain any material wrong contents and otherwise also the respondent has put the copy of stay order obtained in their appeal,

M/s. Y-not legal services (Expert) 10 August 2011
Yes. You need not to worry about it..

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