Consumer protection act- execution of forum order
Guest
(Querist) 11 October 2015
This query is : Resolved
If the party doe snot pay within 30 days of order of consumer district forum and if a complaint is filed under section 25/27 for enforcement of order , what is procedure followed by District Forum? Will it issue warrant or send recovery certificate?
What steps forum follows on receipt of non payment complaint?
R.K Nanda
(Expert) 12 October 2015
read CP act.
Guest
(Querist) 12 October 2015
Thanks but no procedure mentioned in ACT or rules. I have gone through and hence this query. I want to know what steps forum takes when a execution application/contempt application is filed. and how much time it takes.
R.K Nanda
(Expert) 12 October 2015
Section 25 in the Consumer Protection Act, 1986
1[25. Enforcement of orders of the District Forum, the State Commission or the National Commission.—
(1) 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.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.]
R.K Nanda
(Expert) 12 October 2015
Section 27 in the Consumer Protection Act, 1986
27. Penalties.— 95 [
(1) ] 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 Commission or the National Commission, as the case may be, such trader or person 96 [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: 97 [***]
98 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.]
R.K Nanda
(Expert) 12 October 2015
both above sections of CP act tells about procedure for enforcement of order as per sections 25 and 27.
Guest
(Querist) 12 October 2015
I put up complaint 15 days back but no action till date
Rajendra K Goyal
(Expert) 12 October 2015
Prey to forum to proceed accordingly on the next date.
R.K Nanda
(Expert) 12 October 2015
pray to CF to pass orders on next date.
K.S.Srinivas
(Expert) 13 October 2015
Well advised by Sri R.K.Nanda.
Guest
(Querist) 13 October 2015
I wanted to know actually how court wil proceed or steps that will be taken by the Forum on receiving my application for section 25/27
