Consumer Protection Act Question!!
Legal Fighter
(Querist) 21 October 2008
This query is : Resolved
Hi All,
I have a typical situation. I had filed a complaint against a builder in State Consumer Forum for deficiency in service and unfair trade practices. The State Commissioner recorded my consent (wrongly) and passed an order to return back the property and the builder will return back my money within 2 months and didn't grant any interest or compensation. The builder didn't comply the order and in the meantime, I filed a revision petition in National Forum saying that the consent was wrongly recorded and I need interest and compensation. In this petition, I didn't ask for any stay on the order of State Forum.
Now can i file an execution petition in State Forum for non-compliance of the order as there is no stay on the State Commission's order and I am just asking for additional compensation and interest in National Forum.
Please advice as I don't want to keep that property anymore.
Kiran Kumar
(Expert) 21 October 2008
will u please put online the operative part of the order of the consumer forum and what was recorded as ur consent.
whether the consent was conditional one?
Whether the orders were passed in ur or ur counsel's presence?
there is no problem in filing the execution application as no stay is in operation u can continue with the proceedings for compensation.
pls respond to above queries.
Legal Fighter
(Querist) 21 October 2008
the court recorded that both the parties have agreed that the complainant will return the property and the builder will return back his money. there was no condidtion and i filed the complaint in person without any counsel.
Shyam Ji Srivastava
(Expert) 21 October 2008
Dear Manish,
I am not agreed with the views of my learned friends. once the order passed by the Hon`ble State Commission is under Revision and t is filed by you hence Execution Proceeding is baseless.
Shyam Ji Srivastava
Advocate
ARVIND JAIN
(Expert) 21 October 2008
you may file the execution.
K.C.Suresh
(Expert) 22 October 2008
It seems Mr. Shyam has taken the correct position.
Legal Fighter
(Querist) 22 October 2008
Sir,
In my appeal before National Commission, I have just sought for additional compensatin which State Forum has given. I haven't asked for any stay on the order of State Forum. Even the judge of the National Forum asked my counsel if his client has got his money back or not? So I think we can file the execution petition before the State Forum.
Manish Singh
(Expert) 23 October 2008
its a procedural dilemma and consumer forums are not bound by the procedures laid down by the CPC.
iN MY view, if you are going for any additional compensation, you should not go for execution of the amount which is already awrded to you. but still you can claim in the forum that state orders have b not been complied with by the other party.
