EXECUTION OF THE ORDER OF CONSUMER FORUM

PART-11

When can a consumer file execution petition

•      Consumer forum sends certified copy of the order after the order is issued.

•      Complainant is to wait for thirty days from the date he receives certified copy of the order.

•      Consumer may also write/contact the other party for compliance of the order even before thirty days

•      Consumer can file an execution petition after thirty days are expired in case order is not complied.

What court does when receives execution petition 

•      Court is to send notice to the opposite party for appearance before the court.

•      If notice not served. It is sent again and gives Dasti also to complainant for serving it personally.

•      No warrants can be issued till the notice is served once.

•      Notice can be served through publication also if cannot be served by post or Dasti.

How the warrants can be issued

Once notice is served and opposite party fails to appear Bailable warrants can be issued against opposite party and can be sent to police for service

When non bailable warrants can be issued 

•      When opposite party does not appear after serving the Bailable warrants ,Non-Bailable warrants can be ISSUED and served through police

Declaring proclaimed offender

·         When police also fails to arrest the culprit after non-bailable warrants person can be arrested at any place in the country by the police

·         When defaulter cannot be arrested, his property can be attached and sold for recovery of the decreetal amount

Issue of certificate for recovery

•      Complainant may also have an option to get certificate from the forum for revenue department for getting the recovery done from the judgment debtor the manner government  revenue is recovered

Limitation for filing execution petition

•      There is no time limit provided specifically in the act .but national commission has made certain orders holding that court will have the discretion to decide whether execution petition can be entertained if filed too late.

Court may refuse to admit execution petition if filed after laps of years because

•      There is time limitation for destroying the old record

•      In some cases filing execution petition after years serves no purpose depending upon the nature of order and circumstances of the case at the time order is passed.

 

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