EXECUTION OF THE CONSUMER COURT ORDER
(Role of Police and Court)
It’s often a complaint that execution of
consumer court order is more difficult than obtaining order. Consumer needs to
understand the entire process of execution and help himself by prompt action
and alertness. In very few cases judgment debtor implements the order on its
own except for Government offices. Mostly difficulty is faced in cases of
private parties .Authorities or statutory bodies either file an appeal or
process note for approval and execution .Sooner or little later, the order is
executed after some persuasion. Consumer must remember that persuasion from his
end is very necessary.
Consumer needs to send copy of the order
to the opposite party immediately requesting to implement the order though
court also sends certified copy to both the parties .One month period from the
date of receipt of certified copy is available to the judgment debtor for
implementing the order, hence complainant may pursue with the party in between
if desired so. Complainant becomes entitled to file execution petition after
expiry of one month time. Consumer forum after receiving the execution petition
sends notice to the opposite party which either gets served or comes back un
served with remarks such as- “person not
available, address not correct, or at times refused.” Often it is found notice
is avoided”Consumer must insist the court to give him dasti notice also which
he can personally also go and serve court generally gives dasti notice. By
personal visit also if some one avoids, consumer can give affidavit stating
this fact. In case consumer gives such statement on oath or notice is refused,
it is presumed service made. After notice or presumed notice, court needs to
send summons through police. At times it happens that consumer is not alert or
does not insist and notice is given time and again .At this stage once notice
is successfully served ,next action is warrants ,and again failing appearance
before the court non-bailable warrants and then arrest. In case person not found,
court can declare him absconding and police can arrest him as and where found. . Now forum can send the person to jail for up
to three years and may also fine up to ten thousand rupees for non-compliance
of the order. Remember, even after the above punishment under section 27 of the
consumer protection act, order is yet to be complied with, it cannot wipe away
by punishment.
Further, consumer has a choice to ask
for certificate of order and may go to revenue department for compliance under
section 25 of the act. Revenue department can recover the dues as is done in
recovery of dues in other matters and can also attach property of judgment debtor.
Since revenue department has enough infrastructures available, consumer can go
and pursue to revenue department also for compliance of the order.
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