Mistake in order of consumer forum
Ritesh Rathod
(Querist) 03 May 2018
This query is : Resolved
Dear sir i file a complaint to District Consumer forum for Manufacturing defects and deficiency in service for Mobile. Forum pass order in my favour but forum mention in the order that opposite party make a payment of Mobile and take back the defective mobile infact mobile still lying in the custody of service centre and such thing i already mention in main complaint and also in ws and rejoinder too. How can i execute this order which is erroneous?
Advocate Bhartesh goyal
(Expert) 03 May 2018
District Consumer Forum has no power to review It's order,you have to file appeal for your grievence before State Commission.
R.Ramachandran
(Expert) 03 May 2018
Please understand - from the facts revealed by you, there is no mistake in the order passed by the Consumer Forum. All that the Forum ordered was that the Opposite party is to return the money which you paid for the mobile phone. The Opposite party is to take back the mobile - which you say is already lying with the opposite party. That's all. No Problem.
Simply write to the Opposite party to return the money. Also state that the mobile set has already been given to it - quote/attach the document, if any that you have to say that you have already deposited the instrument with them.
That's all. Nothing more, nothing less.
Kumar Doab
(Expert) 03 May 2018
The return of instrument is a matter of record and you must be having acknowledgment.
Isn't IT!
Moreover the OP does not seem to have contested/denied the return in DCDRF.
This should suffice.
As per the order passed by DCDRF the certified copy might have been supplied to you and OP for compliance..
The OP has to comply with order.
BAALASUBRAMANNYAMM
(Expert) 04 May 2018
Now the burden lies on your Opposite Party. They will comply the Forum order. No problem. Agree with Mr. Ramachandran.
T. Kalaiselvan, Advocate 
(Expert) 06 May 2018
You may file a petition for executing the forum's order, let the OP come out with his own defence on this, you can inform the court about this at that time.
Since you already have an order in your favor, you may better follow it up properly
Ms.Usha Kapoor
(Expert) 17 June 2018
I asgree with Kalai selvan's opinion.
