execution application consumercourt

mahendrakumar (Querist) 01 February 2011 This query is : Resolved
while filing an EA before a consumercourt,is it mandatory to quote the relevant sections like 25/27 for necessary remedies?

will the forum allow the necessary reliefs,even if the relevant sections are not quoted?

can we seek relief under both sections?

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Arvind Singh Chauhan (Expert) 01 February 2011
Mentioning of Section is not mandatory, If the relief is asked.

Amit Minocha (Expert) 01 February 2011
yes you can ask any relief without mention of section under CPA

Advocate. Arunagiri (Expert) 01 February 2011
Mentioning the sections are immaterial.

M V Gupta (Expert) 02 February 2011
Sec 25 and 27 are two different kinds of procedures. You have to file seperate applications. Sec 27 is prosecution of the party who did not comply with the orders passed by the Forum and is in the nature of criminal proceedings. SEc 25 is for recovery of the amounts under the orders of the Forum by attachment of the properties of the Party against whom the order is passed.

mahendrakumar (Querist) 04 February 2011
can we combine both 25/27 in one EA?

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