Action for defiance of a court award
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 12 August 2012
This query is : Resolved
In our co-operative housing society in Mumbai, one member was misusing his residential flat for commercial purposes. The Society went to the co-operative court.The member readily admitted what he was doing was wrong. Consent terms were executed between the member and the Society, under which the member admitted that what he was doing was bad in law and that he will restore the flat for residential use. The court converted the same into an award. In compliance with the award the member discontinued commercial use of the flat. But after a few months he again started commercial use. The Society reported the matter to their lawyer. The lawyer advised the Society to make complaint to the Police. But the Police refused to act saying that it was a civil case. The Society has now filed a fresh case in the court.
My question is that if a person defies the award given by a court, is there no provision in law to quickly enforce the award. The Society has now again gone to the court. Suppose now the court gives an award in favaour of the Society, the member at first complies with the order but reverts to his old practice later, has the cycle to go on perpetually like this.
ajay sethi
(Expert) 12 August 2012
Section 146 of the said Act pertains to the powers relating to the offences under the said Act and in terms of Clause (m) thereof, if any officer or a member of a society wilfully fails to comply with any decision, award or order passed under Section 96 of the said Act is liable to be prosecuted and punished in terms of Section 147(m), with imprisonment for a term which may extend to 6 months or with fine which may extend to Rs. 500/- or with both
adv. rajeev ( rajoo )
(Expert) 12 August 2012
Instead of going for fresh case, society could have filed execution petition in the civil court on the basis of the award passed by the co-operative court.
