Execution petition under consumer protection act
Reformist !!!
(Querist) 14 August 2014
This query is : Resolved
Hi Experts,
I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum.
I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of Consumer protection act in execution petition, so that the other party pays my money in a rapid manner because of fear of arrest.
My query is if i file u/s 27 and draft my prayer as per section 27 of CP act then judge may issue warrant and in that case will he be able to take BAIL or stay for Arrest from State or National Commission ?. Pls guide me on this point.
Other query is if i do not include sec 25 and files under 27 only, then will judge be able to pass recovery orders after selling Opposite party's property/bank accounts ?
Pls. guide me how shall i proceed i.e. should i include both the sections in same application or not.
ajay sethi
(Expert) 14 August 2014
you have been rightly advised . make application under section 27 of consumer protection act as OP may pay fearing arrest . even if OP files appeal state or national commission will direct OP to deposit money in court
Advocate Bhartesh goyal
(Expert) 14 August 2014
sec 25 of consumer protection act is for enforcement of order whereas sec 27 deals with penal clause if you want to get punish to opposite party then apply u/sec 27 of act Better apply u/s 27 so due to fear of arrest opposite party would comply with the order.
Reformist !!!
(Querist) 14 August 2014
Hello Sethi Ji,
Judge ordered to pay the money in 1 month. Already 2 months are over after the order. Please let me know if i apply for execution under sec 27, will he be able to get BAIL from District/State or National Commission ?
2nd question is if he does not pay my amount, judge may award him imprisonment. In that case, what will happen to my money ??
So should i made application under both section saying read 25 with section 27 or 27 will be enough to get my payment or judge will award only imprisonment in this case ? Please guide me.
Devajyoti Barman
(Expert) 14 August 2014
In the same execution proceeding you can file petition u/s 27 for issuance of W/A.
That is why we always advise to mention both section 25 and 27 in the same execution proceeding.
Reformist !!!
(Querist) 15 August 2014
Thanks Devajyoti Ji. Waiting for some more suggestions from learned members.
Devajyoti Barman
(Expert) 15 August 2014
how much do you want to know?
Do the needful than waiting for suggestions only.
T. Kalaiselvan, Advocate
(Expert) 20 August 2014
