jothika 28 February 2018

Hi experts,

We got consumer court order on 23 Nov 17 favoring us
court gave 45 days to the builder to settle the amount

But till now 28 Feb 18 no response from them

Will execution petition tackle the issue ?

How long will it take ?

Already our case was dragged for 4 years

What to do if the builder don't respond even to the execution petition ?

Please guide me

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5 Replies

Ambanshu Sahni 28 February 2018

The execution petition is filed under Section 27 of Consumer Protection Act ("Act"). The same can be enforced as per Section 25 of the Act.

Section 25 is reproduced for ease of your refrence

"(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. "

Warmly

Ambanshu Sahni

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