Violation of consumer courts order
priyanka naringrekar
(Querist) 15 July 2014
This query is : Resolved
Hi,
We are situated at Mumbai. In our society we bought a flat in the year 2003. We paid transfer Fee and completed required documentation.However Secretary did not transfer the flat for his personal grudge.He denied all membership rights and issued bills in the name of previous owner up to year 2011.WE stopped payment of maintenance in protest of his injustice.
We did court case in the year Sep 2009 under Consumer Act. WE won the case in the year 2011. court ordered Managing Committee to transfer the flat and penalized them with Rs.1000.
1. Managing Committee did not follow courts order and we have not received penalty of Rs.1000 till date.
2.They forced us to pay interest on dues from the year 2003 up to 2011.
3. they gave payment acknowledgment in the year 2011 with the name of previous owner.
4. In spit of doing request for bill details and explanation for amount of dues they charged interest @18% up to 2011 . Till date Secretary has not given any details.
I have following query:
a)Is Violation of courts order punishable offence? if yes under which Act?
c)Secretaries decision of denying membership rights and recognition as a member and then imposing penalty on dues is a lawful decision? if not under which act we can seek justice and with whom?
d) Is their any fast track court or any authority who can help us?
Thanks.
Devajyoti Barman
(Expert) 15 July 2014
Passing of order is nit enough. To implement it you have ti file a fresh execution case in the same forum. Meet an advocate to dot his.
Rajendra K Goyal
(Expert) 15 July 2014
For implementation of the orders execution has to be filed.
priyanka naringrekar
(Querist) 15 July 2014
Thanks For the reply.
But does it means that Orders given by court are of no use?
and committe is not liable for any punishment?
Why separate execution order is required?
Advocate Bhartesh goyal
(Expert) 15 July 2014
You have to file E.P either u/s 25 or under sec 27 of the Act.go through the sec 25 & 27 as under:-
25. Enforcement of orders by the Forum, the State Commission or the National Commission
Every order made by the District Forum, the State Commission or the National Commission, may be enforced by the District Forum, the State Commission or the National Commission as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the National Commission to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction-
(a) in the case of an order against a company, the registered office of the company is situated, or
(b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent to it for execution.
27. Penalties
Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Cornmission or the National Commission, as the case may be, such trader or person 2[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 thousand rupees but which may extend to ten thousand rupees, or with both:
PROVIDED that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence of imprisonment or fine, or both, for a term lesser than minimum term and the amount lesser than the minimum amount, specified in this section.
Lawyer SALEEMA KABEER
(Expert) 15 July 2014
Execution is nothing but a consequential proceedings to the original order which is necessitated if the Judgment debtor failed to comply the original order.
priyanka naringrekar
(Querist) 15 July 2014
Thanks for detailed explanation for my query of violation of courts order.
What i could understand is that we have to approach Grahk Court once again for the fulfillment of courts order in the year 2009?
I apologies its bit difficult for me to understand legal language.
But can anyone help me with my question c)
Devajyoti Barman
(Expert) 15 July 2014
your query is already replied. Now it is time to act than making repetitive posts here.
ajay sethi
(Expert) 16 July 2014
yes you have to approach consumer forum again
priyanka naringrekar
(Querist) 16 July 2014
thank you all.
special thanks to Mr.Dharmesh Goyal for details
and Mr.Ajay sethi to explain it in simple sentence.
V R SHROFF
(Expert) 16 July 2014
execution is separate case ..
Raj Kumar Makkad
(Expert) 17 July 2014
I do agree with the wise and detailed advice of Ld. Bhartesh ji Goyal.
