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consumer court

Querist : Anonymous (Querist) 27 May 2010 This query is : Resolved 
How to file execution petition. for non refunding of refund ofter ordered by consumer court in our favour, Any formate is pls send us to nagrja2008@yahoo.com

what r all the points to be noted in application pls send us, Any fee we have to pay details send us.
Raj Kumar Makkad (Expert) 27 May 2010
There is no specific requirement in execution petition to be filed before DCDRF in the given matter. It can be drafted as under:

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ...............

........VERSUS...........

CONSUMER COMPLAINT NO......./...
DECIDED ON...............
EXECUTION PETITION

Respected Sir,
The petitioner most respectfully submits as under:

1. That the petitioner is the complainant in the aforesaid complaint which was decided on ..........in favour of the complainant and the following direction was given to the opposite party/respondent:
".................................................................".

2. That the aforesaid direction was to be complied by opposite party within a period of .......days but despite of expiry of ......., the opposite party has failed to comply it hence the present petition.

3. That necessary particulars of the complaint are as under:

Complaint no......
Date of Filing:......
Date of Decision:........
Whether any appeal has been filed: No.
Whether any amount has been paid by respondent: No

4. That the following amount as on date is to be recovered from the judgment debtor/respondent/opposite party in consequence to the aforesaid order under execution.

5. That it is in in the interest of justice to get executed the order under execution.

It is, therefore, prayed to kindly......

Place:
Date:
Petition
...........

Verification:
........
Guest (Expert) 27 May 2010
YOU HAVE TO ENCLOSE CERTIFIED COPY OF JUDGEMENT AND MAKE AN APPLICATION FOR EXECUTION OF THE SAME UNDER SEC.27 OF THE CONSUMER PROTECTION ACT.

NOTICE WILL BE ISSUED TO THE OTHER SIDE AND ON NEXT DATE AFTER SERVICE OF NOTICE ,IN CASE APPEAL IS NOT FILED BY THE OTHER SIDE BEFORE THE STATE CONSUMER COURT,THEN THE PARTY WILL FILE SAY AND SETTLE THE AMOUNT OF JUDGEMENT OR MAY FILE SAY.
YOU MAY KINDLY EXECUTE THE MATTER WITH THE HELP OF LEGAL EXPERTS.
THANKS.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
RAKHI BUDHIRAJA ADVOCATE (Expert) 30 May 2010
I DO AGREE WITH THE VIEWS OF MY LD. FRIENDS.


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