Hi Experts,
We won our case in District Forum ex-parte, although other party appeared on 1 date and 1 lawyer filed memo on one date for OP. But no one came thereafter and the case was allowed in our favor ex-parte.
After waiting for 3 months for the payment, we filed execution under section 27 of Consumer protection act. Bit from last 6 months, judge is adjourning the proceedings of execution on the pretext that the OP has filed appeal in State Commission.
Actually, OP has filed the appeal in state commission after 6 months of final order in district forum. The appeal is not yet admitted. OP has taken the plea in State commission that the final order of district forum was not received by him and someone else used his office stamp and did the signature of receiving. State Commission has marked an enquiry to District forum for the same.
The Hon'ble Judge is adjourning the execution proceedings on the pretext that the appeal has been filed by OP although appeal has not been admitted yet.
Pl. guide what can be done and let me know if there is any citation or judgment from National commission or supreme court that execution proceedings can' t be adjourned unnecessarily unless there is any stay from State commission.
Pl. guide me
