Protection to judgement debtor
karishmah
(Querist) 08 May 2015
This query is : Resolved
a judgement debtor has made every possible effort to reach the decree holder to pay the decree amount. the decree holder is not traceable. after lapse of time he files execution petition in consumer forum to execute his decree along with interest. is he entitled to interest from the date of decree?
SAINATH DEVALLA
(Expert) 08 May 2015
When the decree holder is not traceable,how would he benefit by filing a petition in the consumer forum.
karishmah
(Querist) 08 May 2015
When the decree was passes he was not available. but after a lapse of three years he has filed this execution petition in the consumer forum along with a claim of interest?. what is the remedy for the judgement debtor?
SAINATH DEVALLA
(Expert) 08 May 2015
U are going on adding new substance to the query.
karishmah
(Querist) 08 May 2015
i have a case in the consumer forum. since the decree has been passed, the decree holder is not traceable. i have made all possible efforts to reach him and pay the amount awarded by the court but couldnt reach him. now after a lapse of time of three years he has filed a execution petition claiming the amount along with huge interest. what remedy does the judgement debtor have in the said case?
Dr J C Vashista
(Expert) 09 May 2015
@ Karishmah,
1. Decree is passed by a Court and not by District Consumer Disputes Redressal Forum/ and/or State/National Consumer Disputes Redressal Commission. In consumer fora the parties to complaint are complainant and opposite party and not DH/JD as stated.
2. Did you inform the consumer forum/ commission that the complainant is not traceable (which is not possible)wherein you (OP) wanted to make payment of the awarded amount?
3. Did you apply for depositing the awarded amount with the consumer forum/commission?
4. What is the opinion/advise of your lawyer? Contact and consult him.
karishmah
(Querist) 09 May 2015
Dr J C Vashista, thank you sir for the reply. I am a junior associate and this is my research task. I have been reading a number of judgements and laws but did not find it anywhere. We have made all the possible efforts to make the payment but in vain. I have also informed the court regarding the same but the court does not accept our contention.
T. Kalaiselvan, Advocate
(Expert) 10 May 2015
No court will accept your imaginary concept. This is not a case of approaching court with clean hands. You could have asked this query before itself when the complainant did not approach the court with EP petition. Now you are seeking the advise of experts to avoid or escaping the liability.
Dr J C Vashista
(Expert) 10 May 2015
Update your profile for proper counseling, advise and guidance.
By the way, what do you mean by "junior associate"? Which faculty are you associated? What type of research work has been taken up by you/assigned to you? What is the synopsis for the area of your research?
Accordingly further answer to your query can be given; however, this is not the proper forum to post your research questions.
SAINATH DEVALLA
(Expert) 10 May 2015
Testing the ability and time of the experts with irrelevant questions.There is variation in all his answers and hence a vague and academic query,which can be stopped here.
SAINATH DEVALLA
(Expert) 10 May 2015
Concentrating on such queries we will be depriving assistance to the really genuine and needy querists.
