How can we request court to break the house lock
Venkata Krish
(Querist) 27 September 2015
This query is : Resolved
Dear Sir,
A judgement is passed in my favor in district consumer forum due to delay in service. Accordingly i have done the balance payment but the builder locked the flat and he is not handing over the possession to me. I have already filed an Execution Application in the district forum but i would like to know if i can request the district forum to break the lock of the flat and handover the possession to me?
Thank you
Venkata Krish
(Querist) 27 September 2015
Sir you mean do i need to file execution petition in addition to execution application? If so under which section of Crpc do i need to file
R.K Nanda
(Expert) 27 September 2015
file application in court for breaking open locks of flat with help of police persons.
R.K Nanda
(Expert) 28 September 2015
at least thank the expert for giving correct reply. indian people even do not have that much courtesy.
Rajendra K Goyal
(Expert) 28 September 2015
Court can issue such orders, consult your lawyer.
Venkata Krish
(Querist) 28 September 2015
Thank you one and all for your advise.
T. Kalaiselvan, Advocate
(Expert) 03 October 2015
Yes, as suggested by experts, you may file an EP for the relief sought.
Venkata Krish
(Querist) 04 October 2015
Sir,
One last question. Can you provide me the section of Cr.p.c under which this petition has to be filed. I searched web but couldnt trace out the exact section.
Thank you one and all for your continuous support
Anirudh
(Expert) 04 October 2015
Dear Venkata Krish,
You are talking about some order received by you in your favour from the Consumer Court. Obviously it is a Civil issue.
But, next you are asking about breaking open of the lock and Criminal Procedure Code etc.
There is lot of confusion in your query/post.
Therefore, first indicate clearly as to what are the prayers made by you before the Consumer Court.
Thereafter, please clearly indicate the order passed by the Consumer Court.
prabhakar singh
(Expert) 04 October 2015
Orders of consumer forum are executed under
section 25 and penalties on non-compliance
are imposed under section 27 of the consumer
Act.
Cr.P.C. has no role in your case.
If possession order has been passed, forum shall execute the same adopting all such means that it may find necessary.You just need to inform the court by an application about the development of facts that have taken place.
