No response for verdict
N.Gopalakrishnan
(Querist) 08 September 2011
This query is : Resolved
Respected Experts,
I am gopal from Coimbatore, Tamilnadu, and i have lodged a complaint against M/S jaikrishna auto sales & service Coimbatore, before THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, (MY CC NO WAS 480/2010) THROUGH MY LAWYER SHRI R.Vincent R raj, and i have been rewarded Rs 10000/-+1000/- by Shri R.DHANDAPANI HONORABLE President of the forum on 13-06-2011 but still neither i nor my lawyer received any response from the opponent side.
In this regard just only i want to know whether it is contempt of consumer forum? and what kind of action can be taken by me? if the opponent had not give respect to the verdict (Pl mind that i think my advocate has taken all necessary actions). I am just only asking this queries only to know the consumers rights, and i was taught in my childhood that "order delayed means disorder the L&O of the Nation"
M/s. Y-not legal services
(Expert) 08 September 2011
Mr.gopala krishnan sir.. Just once again go through your order copy which is passed by the district consumer judge. There will be mention about implementation of the above order. There may be with in two months or with in three months from the date of receipt of this order. Just check through it that whether the opposite party have time to obey it.
M/s. Y-not legal services
(Expert) 08 September 2011
On the other hand the opposite party may be approached the national forum for appeal. He may be deposited half of the amount before appellate authority. And i know mr.vincent. He is one good and efficient advocate. Again once just remind about your case. And get updates.
mahendrakumar
(Expert) 08 September 2011
even if the forum awarded the case in your favour,it is not the end.
the op can go for an appeal within 30 days of receipt of the order.
further,rarely people follow these judgements immediately.
if as per the order,the time limit of the payment is over, file an execution petition at the forum.
Advocate Bhartesh goyal
(Expert) 08 September 2011
Yes definitely the act of opposite party comes under the pur-view of contept of court.you may either file execution petition u/s 25 of Consumer Protectionct Act or file petion u/s 27 of C.P Act for disobeying the order.
Guest
(Expert) 08 September 2011
I agree with Advocate Bhartesh Goyals's opinion.
Raj Kumar Makkad
(Expert) 08 September 2011
You are required to file execution petition after the period granted for the implementation of order. It is your option either to file it under section 25 (criminal in nature) or under section 27 of CP Act (which is civil in nature).
prabhakar singh
(Expert) 08 September 2011
you was rightly taught" in your childhood that "order delayed means disorder the L&O of the Nation"
I too read that 'justice delayed is justice denied' if taken in true import,i or any Indian can safely say that there is no justice here in our country as the relief sought by grand father even if awarded is awarded to his great ,some times to,grate great grand sons.
In a country like ours having such a scenario,we are lucky to have such a legislation where you prayed and you got the relief.
Now you need to implement it effectively
as well as to have the fruits of litigation for which you must in my opinion
proceed to implement the order u/s 25 of the Act under reference which provides as::..................................
"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. "
prabhakar singh
(Expert) 08 September 2011
And section 27 RUNS as "27. Penalties. — (1) Where a trader or a person against whom a complaint is made 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 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:
(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."
N.Gopalakrishnan
(Querist) 09 September 2011
Respected Sirs,
I accept with you whatever you told in head,and i am Thanking you for your suggestions is not enough, and greater than grateful,if the literate persons are committing this, What can be done by an illiterate person in life? so in my opinion this is the first moral duty for every Indian to obey our Nation's law $ Order, and this is my plea, SALUTE INDIA, JAIHIND, AND EXPECT THE FUTURE "EMPIRE INDIA"
