Consumer forum - appeal
Shankar
(Querist) 20 January 2012
This query is : Resolved
An appeal filed before Karnataka State Consumer disputes commission under section 15 to set aside the order of DF u/s 27 was dismissed at the state of admission.
The order passed on 9th November was received on 25/12/2011. What is our next course of action. Where should we file our next appeal.
In the mean time, we have received the Execution pettion hearing which is posted on 13th Feb 2012 at District Forum, asking us to present and show cause why action shall not be taken u/s27 for disobedience of the order passed in the complaint nO.....
I have to attend one Marriage at chennai on 11th and 12 th Feb 2012.
The Execution petion hearing is on 13th feb.
How to handle this ?
I need good Lawyer to represent my case.
Request your guidance ?
BRIEF NOTE ABOUT THIS CASE.
1. Babuji Engineering College, Davangere, were in need of Computer chairs and have sent enquiry and asked our quotation.
2. We have submitted our quotation and in the quotation, we have clearly mentioned that ‘Our HALDA Products are guaranteed for a period of ONE year against any defects in manufacturing except for rubber, fabric, glass and plastic components.
3. We have also offered the sample of the chair for their evaluation.
4. After the satisfaction evaluation of the sample chair, and Negotiation the order was placed for supply of 300 Nos. chairs with 2 year Warranty period from the date of supplies.
5. Supplies were completed on 27th April 2009.
6. Payment received on 10th June 2009.
7. 1 No. plastic Base of the chair got broken on 11-09-2009 and this was replaced with New Plastic Base
8. Again on 5-10-2010, have received communication stating 18 Nos. of chair Base are broken and as the chairs are covered under warranty, they asked us to replace all the 300 chairs, which were supplied.
9. Vide our letter dated 8 th October 2010 we have said that, though as per the warranty policy , the plastic parts are not covered for replacement and however, considering the Business relationship, we agreed and despatched 15 Nos. of Plastic Bases for replacement..
10. Again vide customer Letter dated 9th December 2010, they insisted for replacement of all the chairs due to their prediction that it will broke and damage and they mentioned that, they have taken some expert’s opinion and that expert informed that the Plastic bases are made of recycled plastic material and this is manufacturing defect.
11. We replied back on 13th December 2010, stating that chairs are made of various parts and components, and it is not a single component or products. The chairs other parts are ok and good condition, and just because of the prediction for breakage and damage of plastic base based on expert’s opinion, they wanted us to replace all the 300 chairs and we said it is not possible as there is option available to replace the plastic base with metal base on payment basis.
12. Against on 19th January 2011, they intimated about breakage of another 2 chairs
13. Again we have replaced that 2 Nos bases also.
14. The above communication and details shows that, they have been keep asking us to replace the entire chairs in General based on prediction and assumption, and of course, as and when they informed us about the quantity of actual breakage of chair bases, we have been replacing the plastic bases though it is not covred under warranty, with valuing the customer relations in our mind.
15. All the total plastic base failure reported to us from the customer are replaced
11-09-2009 01
08-10-2010 15
19-01-2011 02
We have replaced all the broken chair bases, for which we have received actual intimation of damages, though we need not, as per our warranty policy.
16. The College authorities, are asking for simply replacement of all the chairs when the fact is that, we have been replacing all the broken chairs as and when we received the intimation.
17. The Warranty period of the chairs ceased to end by 27th April 2011 and they have filed this complaint on 16th March 2011
18. District Forum registered the complaint and sent notice for hearing on 27th April 2011, which was received by us on 20th April 2011 by the Security.
19. In the meantime, the undersigned suffered from severe Backache and was advised for bed rest from 20th April 2011 to 7 th May 2011.
20. We have received the DF expartie order on 24th June 2011.
21. Have handed over these papers to Local advocate for appeal in SF and the Local advocate got the certified copies from the DF and filed the Appeal on 9th September 2011.
22. The appeal was dismissed on 9th November 2011 and copy was received on 20th December from the Advocate.
23. In the meantime, have received execution petition hearing from DF. The Hearing is posted for 13th February 2012.
GENERAL:
The Case at DF was ordered ex-partie.
The case at SF was dismissed
1. The report submitted by the expert .
2. Non appearance at DF .
3. No medical records submitted to show the Appealant was bed ridden.
4. No records were produced to show that the Complaint was received by Security.
5. SF relied upon the communication of the complainant, with Appelant, where in the complainant predicted breakage of Bases and our reply stating as per our warranty terms the plastic bases are not covered or eligible for replacement is as “ Vague”. reply.
A. The Expert opinion which is relied up on : Is the Expert competent enough to Inspect and Certify ?
B. Is the Expert is Registered or approved by any Government Agency.
C. Is there any guidelines laid down by any Government Agency or Quality Agency for Inspection of such Plastic Bases.
D. Is the Expert has previous experience in doing such inspection – Chair Baes ?
E. Where the Expert tested the Base ?
ajay sethi
(Expert) 20 January 2012
file an appeal with national commission within period of 30 days from date or order .
engage a local lawyer who fought your case before district forum to represent you in execution proceedings .
Raj Kumar Makkad
(Expert) 20 January 2012
You get stay order from National commission against the execution petition which shall suffice your problem.
Raj Kumar Makkad
(Expert) 20 January 2012
You get stay order from National commission against the execution petition which shall suffice your problem.
Deepak Nair
(Expert) 20 January 2012
If you fail to attend the execution petition, the state commission will issue non bailable warrant for arrest and will proceed for attachment of property through district collector.
You should have obtained stay on the proceedings from national commission and filed an appeal.
Now the option available to you is to deposit 50% of the award amount in the state commission and contest the execution petition. Any way you have to pay the entire amount before the disposal of the petition.
Better to appoint a lawyer immediately on your behalf to deposit the money and to file your say in the state commission.
Shankar
(Querist) 20 January 2012
In the meantime, have received execution petition hearing from DF. The Hearing is posted for 13th February 2012.
Shankar
(Querist) 21 January 2012
I am posting this case in a new window.
A. A. JOSE
(Expert) 21 January 2012
You may prefer appeal/revision in the National Commission alongwith application for stay early.
M V Gupta
(Expert) 21 January 2012
Why did you not apply to the Dt. Forum to set aside the exparte order as your inability to appear in the court was due to your back ache? This mistake has adversely affected your case. I do not think any useful purpose will be served by filing appeal in the NC. You will have to appear in the DF on 13-02-2012. Dont commit the mistake of absenting on that date as it would lead to issue of non bailable warrant of arrest against you. Try to compromise with the complainant by agreeing to pay reduced amount of compensation and file satisfaction report in the DF.
venkatesh Rao
(Expert) 22 January 2012
Deepak ji,
Is it possible and feasible to issue non bailable warrant for arrest in execution proceedings relating to decrees of consumer forum?
Deepak Nair
(Expert) 23 January 2012
it is very much possible. Please refer to the sections 25 and 27 of the Consumer Protection Act.
venkatesh Rao
(Expert) 23 January 2012
Dear deepak ji,
Sec. 25 speaks of execution of orders passed by dist. form, state commission and national commission. It is not a decree of the civil court in strict terms. Liability extends to property and not to person. At the extreme event a certificate may be issued in favour of the order holder to enforce recovery under distress warrant by a district collector. So there is no whisper about issue of non bailable warrant for arrest. What is not expressly provided under law cannot be inferred under surmises and conjectures.
Sec. 27 speaks of penalties that may be imposed on the opponent on the proved charge of non compliance of any order that too after trial.
Issuance of non bailable warrant even in criminal cases not on good and sufficient reasons has been reprimanded by the supreme court.
Hence in my considered opinion, the powers of civil court vested on the authorities is for limited purpose of receiving evidence.
The powers of magistrate are vested on the authorities under this act is for trial for non compliance of the orders. It at the extreme event the opponent is found guilty after trial and fails to appear and receive the sentence and or pay FINE imposed, then the question of issuance NBW arises.
V.T.Venkataram
(Expert) 24 January 2012
You can file R.P. before National Commission and obtain a stay for E.P. In Hoskote you can contact Consumer Empowerment Association , Whose contact phone numbers are 9901928214 and 08027932001
