Consumer court query
JASBIR SINGH
(Querist) 28 September 2016
This query is : Resolved
I had filed a consumer compliant in Delhi district forum on 15.09.2012. Final judgement order(29.09.2014) awarded a compensation of Rs 13200 plus Rs 5000 as cost of litigation with an interest of 9% per annum from the date of filing of complaint.
But the party has not complied with the order even after two years for which I filed Execution petition on 27.9.2016.
My question is what penalty can be requested with the court to be imposed on opposite party for delaying the payment ( what supporting document or judgement copies can be cited) ?
What amount of final payment can be expected at 9% per annum if It is paid by 31.12.2016.?
Please advise
With thanks
Jasbir Singh
9560513502
Raj Kumar Makkad
(Expert) 28 September 2016
The court/forum has already awarded you interest which shall remain running against the opposite party and moreover, executing court can never go behind the decree/award. It has to get its compliance in to-to unless otherwise absurd or nullity.
Rajendra K Goyal
(Expert) 28 September 2016
File execution petition against the other party if not filed u/s 25 & 27 of consumer protection act.
If after receiving notice of execution, he does not pay / attend forum, forum can issue warrant / recovery proceedings to district authorities.
Raj Kumar Makkad
(Expert) 28 September 2016
BUT executing court cannot recover more than awarded by fora.
