Non compliance of District forum order
Rajaram C Iyer
(Querist) 28 April 2009
This query is : Resolved
Dear Ld. Members,
I had filed a consumer complaint against Delhi Vidyut Board which was decided in my favour. DVB went on appeal and the same was dismissed in-limine by the State Commission. DVB compensated me as per the district commission order. Now DVB has been privatised and taken over by New Delhi Power Company Limited. They have sent one notice to pay some amount which was the cause for filing the complaint.
Please tell me whether to contempt petition in the District Forum or the State Commission. The value is less than 20 Lacs
A V Vishal
(Expert) 28 April 2009
Jurisdiction of the District Forum.—(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
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.
adv. rajeev ( rajoo )
(Expert) 28 April 2009
order was passed against DVBn now it is taken over by delhi power co., ltd., An order passed by the forum is binding on this co., also. When they issued a notice u reply with order and then proceed with the case filing execution petition under consumer act
Rajneesh Malhotra
(Expert) 28 April 2009
Dear Sir,
Do neither.
You should file a fresh complaint making the notice as a base for the fresh complaint and giving all the facts of the previous complainat and State Commission order too. Do not hide anything.
Seek huge compensation for harrasment. Earn from their folly.
A V Vishal
(Expert) 29 April 2009
Dear Friends,
The complainant should exhaust all remedies available before filing a fresh complaint, the Consumer Act has prescribed certain procedure to be followed in case of non compliance of its orders, if the set procedures are not followed then there will be total break down and even law will be helpless to save the innocent and punish the guilty, Hence I suggest you to approach the appropriate fora to redress the grievance before making a fresh complaint.
Y V Vishweshwar Rao
(Expert) 29 April 2009
If there is any fuhrer complacence under the previous Consumer Case Orders the same has to be executed by the procedure prescribed .
If the Present Notice issued is quite deferent but the same illegal and on the same grounds the previous Notice was issued by DVB and Consumer Court compensated the Consumer- it is better to file fresh Consumer case and also mention the previous Notice , CD and Orders in CD and Dismissal of the appeal by State Commission , It is repeated illegal act of the NDPCL ( previously DVB).
