Dear All,
Ploease let me know the status of an Execution Appliaction if the OP files for an Appeal in the interim.
Facts of the Case:
1) The Company lost the DIstrict Consumer forum case and was directed to pay compensation for the product to the consumer.
2) They were ordered to pay a measily sum of Rs. 50K within 8 weeks of the order.
3) Even after repeated follow up by me (Consumer) they have not paid the compensation and hence I filed an execution application on Feb 24th.
4) The hearing for addmission of the execution was for April 5th.
5) On March 8th the OP (Company) filed an appeal (after I filed the Execution Application). The appeal was filed with an application for waiver of delay as the appeal was filed after 75 days of the district forum order. The statutory time limit for filing an appeal is 30 days.
6) The State Comission heard their appeal filed on March 8th on March 18th and has adjourned it for 6 months. The order passed by the State Comission was -
For Appeal "Issue notice on delay application to the respondent r/o 10/08/2011. Appart from notice from State Comission, Simultaneous additional private notice of advocate is also permissable"
For waiver of Delay: " Adjourned to 10/08/2011"
7) I found out the above by way of seaching case status on NCDRC. No notice/intimation has been received by me till date.
My questions:
1) What does the State Comission's daily Judgement mean?
2) Does filing of this Appeal automatically stay the District Forum's order (even though the appeal has not been admissed)
3) Does this hamper/stay my Execution appliaction.
4) Can I request the State Comission that the Company is trying Dialatory tactics and the date of 10/08/2011 should be advanced.
PS: I had read that "Pendency of an appeal does not stop the operation of a judgment unless stay is granted - 2005(1) CPC 292 Chd. "
Is this true, If yes can someone post a link to this judgement.
Thanks a ton in advance. Your inputs will be highly appreciated by a hapless consumer like me.
