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Consumer protection act

(Querist) 27 February 2012 This query is : Resolved 
a consumer who has purchased an electric two wheeler has filed a complainant against the Company rep by its M.D and local dealer for deficiency in service and got the order, thereafter he has filed execution petition for execution of the order and Forum has issued a warrant to a X who is not a party to the Complainant and now not working with the 1st Respondent Company.

please advise

a) whether to file a application for recall of warrant and file a petition in high court u/s 482 of Cr.p.c for quashing of proceedings or file a discharge application before the Forum


Raj Kumar Makkad (Expert) 27 February 2012
Why to go to High court. No biggest hammer is required to kill a small insect.

Go to Consumer Forum in person and pray in writing to recall its order as the applicant is not an employee of JDRs and is thus not responsible for execution of the order.
Shantilal Pandya (Expert) 27 February 2012
Rightly opined by Mr, Raj kumar makkad
Kiran Kumar (Expert) 27 February 2012
you may move an application before DCDRF for recalling of order.

if not done then the same order is revisable before SCDRC
adv. rajeev ( rajoo ) (Expert) 28 February 2012
file a warrant recall application u/s 70(2) of Cr.p.c.
Shonee Kapoor (Expert) 28 February 2012
Nothing to add after the considered opinions.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
GOPI KRISHNA (Querist) 28 February 2012
thanks to all for your valuable advise


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