Time limitation for filing ep in consumer courts.
Querist :
Anonymous
(Querist) 07 April 2025
This query is : Open
Even after 1.5 years of judgement in Consumer Court party has not filed EP. Is there any time limitation for filing EP. Is there any other way for party to recover the amount.
Isaac Gabriel
(Expert) 08 April 2025
Execution of a consumer court decree is more difficulet than obtaining order.Filing of Execution Petition is a routine phenomenon where the consumer commission sign the warrant and forward it to the superintendent of Police,who in turn forward it to the lower authorities and dispose it, No follow up actin is taken for the execution of the warrant to the dismay of the complainant. No time limit is prescribed for filing Execution Petition under section 72 of the CP Act.
T. Kalaiselvan, Advocate
(Expert) 08 April 2025
It is 30 days.This 30-day period starts from the date the person in whose favor the order was passed becomes aware of it (date of knowledge) or the date the cause of action arises.
Dr. J C Vashista
(Expert) 10 April 2025
What is your locus standi to the judgment / order qua its execution ?
P. Venu
(Expert) 10 April 2025
Yes, Section 71 provides no time limit for filing Execution Petition.
The limitation of 30 days is for filing Appeal under Section 73 in respect of penalty imposed, as provided under Section 72, for non-compliance of the Orders of the Consumer Forum.
Isaac Gabriel
(Expert) 13 April 2025
Expert Vaishtaji.The consumer commission directed for payment.But the oppress.party refused to obey.Therefore summon was ssued and sent for execution trough the superintjent of police. The Inspector of police who is to execute refused to exevute for obvious reasons.The coonsumer commission which issued the summom or the superindent ofpolce who forwarded it forexecution do not care about the exevution.What is the remedy? Writ jurisdiction could ?beinvoked
T. Kalaiselvan, Advocate
(Expert) 13 April 2025
If the police refuse to execute a consumer court decree or order, you can file a contempt petition in the Commission, requesting them to take action against the party refusing to comply. You can also appeal the ruling to the National Consumer Commission or, in some cases, the Supreme Court. If the case involves widespread violations, the Central Consumer Protection Authority (CCPA) may intervene.
Dr. J C Vashista
(Expert) 14 April 2025
File contempt petition against individual police person (by name) before the same Commission whose orders have deliberately been disobeyed.
Isaac Gabriel
(Expert) 29 April 2025
The warrant issued by the consumer commission to the Superintedent of police not followed wherby the lower authorities just send it to dustbin. Net result the complainant is left in the lurch helplessly.
Querist :
Anonymous
(Querist) 29 April 2025
Is there revenue recovery option
