Execution u/s 27 of consumer protection act
Legal Fighter
(Querist) 23 July 2010
This query is : Resolved
Can execution u/s 27 of CPA be filed for the second time if it was not decided on merits for the first time?
Details of the case are :
I filed execution petition before consumer forum without mentioning any section and prayed for execution of order alongwith penalty. While deciding, the forum just passed order u/s 25.
Now I want to file seperate execution application u/s 27 of the CPA. Will this be maintainable?
Legal Fighter
(Querist) 23 July 2010
any case law in this regard?
H. S. Thukral
(Expert) 24 July 2010
Provisions of section 27 of the CPA are in addition to section 25 of the Act. Section 27 is akin to Order 39 Rule 2A of the CPC
Kindly read SC in Vishwabarathi Building Co-op Society 2003 AIR (SC) 1043
V.T.Venkataram
(Expert) 24 July 2010
According to section 25 of the Act,
"Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached".
According to Section 27 of the Act,
"Where a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both".
Once an execution order is passed under Section 25, A second petition under Section 27 is by implication barred.
Legal Fighter
(Querist) 26 July 2010
does it mean that issuance of recovery certificate u/s 25 of CPA can be equated with that of compliance to the order? If this is the interpretation then it is very vague.
Satish Mishra
(Expert) 10 April 2019
Section 25 and 27 applications cannot be filed simultaneously atleast in Chandigarh Panchkula Mohali. One has to opt to either for Sec 25 or 27.
