consumer protection act
m.v.n.moorty
(Querist) 01 March 2009
This query is : Resolved
Respected sir,
i am the complainant/decree holder in a consumer dispute. I filed the execution proceedings of the decree passed by the consumer forum. Now, the judgment debtor who filed a memo stating that he filed insolvency petition before the sub-ordinate judge of the same jurisidction. the execution proceedings are now pending as the maintainability of the insolvency proceedings of the judgment debtor.
whether the insolvency proceedings can stop the execution proceedings. is there any ruling in support of non-maintainability of insolvency proceedings before the consumer forum.
reply soon.
Srinivas.B.S.S.T
(Expert) 01 March 2009
CPR 2 (1994) 392
Consumer Protection Act, 1986 - Section 27 - Whether the order passed by the District Forum can be enforced by resorting to section 27 of the Act ignoring insolvency proceedings in the sub-court - Questions not considered by District Forum while issuing order of arrest for non-compliance of its order - Impugned order is liable to be set aside
M. PIRAVI PERUMAL
(Expert) 01 March 2009
Have you been added as a respondent in the IP proceedings ?
sanjay singh thakur
(Expert) 02 March 2009
Dear Mr. Murthy
As from your query it appears that the main order passed in the Consumer case has not been appealed and the judgement Debtor has taken the plea of Insolvency in Execution case which implies that the final order is still unchallenged. Hence, in the given facts and circumstances Execution proceedings cannot be stayed against the Judgement Debtor. This is more so because as per law the final order is binding upon Judgement Debtor coupled with this Even the District Forum cannot go beyond the final order. This is because it cannot validly review its own judgement.
m.v.n.moorty
(Querist) 03 March 2009
Sir,
I filed a consumer case against one pharmaceutical company who failed to pay the fixed deposit maturity amount. the district consumer forum passed an order infavor of me and against the company directed to pay the fixed deposit maturity amount, date of order: 13-11-2003 and the penalty petition filed in the year of 2004 and the consumer forum issued NBW. later, the judgment debtor approached the state commission and got interim stay order, on depositing the fixed deposit amount. later,the state commission allowed the appeal on ground of the judgemnt debtor filed one BIFR order, date of order 15-12-2008. Now, what i do to take action against the said respondent company who escaped the deposit maturity amount.
please help me.
PALNITKAR V.V.
(Expert) 04 March 2009
Probably the only way out is to file appeal before the National commission with application for condonation of delay or to go in writ. Other experts dealing in consumer cases would be in a better position to solve the problem.
adv. rajeev ( rajoo )
(Expert) 07 March 2009
consumer proceedings are summary proceedings. When JD has filed an insolvancy petition on the basis of his verson that insolvance petition is pending does not operate as stay. So u can proceed with the case.
B.B.R.Goud.
(Expert) 07 March 2009
the insolvency petition is no more equal to operate as a stay order. so you can proceed and invoke the execution petition with the case further.
