Seeks help to vacate stay on execution against judgement debtor

5 years ago

Sir, I am a senior citizen paid Rs. 4,29,600/ to a builder in 2013 for his proposed apartment which he never started. Later the builder issued me a cheque for the said amount in 2015 which bounced. I had appealed to the consumer forum and on June 2017, the hon. forum passed judgement stating that the builder must return the amount with 12% interest PA. As the builder did not comply with the order, I had appealed for execution proceedings which resulted in warrants against the builder. Now the builder had appealed with the State commission and obtained Stay on execution order of the forum for a period of 4 months. This stay is ex-parte passed in by absence.
Kindly advice me how I can get the stay vacated and the execution order of the forum enforced.

Thanks and regards

K. Shivaram

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You can appear before State Commission and get vacate stay granted by it and proceed with execution proceedings or ask the State Commission to direct the builder to deposit 50% of the amount granted in your favour.

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vikas surve

Responded 5 years ago

A.Builder has filed appeal against the order of district Forum, and hence state commission has rightly stayed the execution proceeding for 4 months. Now you have to appear before state commission and argu your case and if you get the order of state commission stay of execution order will get vacated automatically.

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DINESH

Responded 5 years ago

A.You have strong criminal case and as not initiated by you. When you initiate the same, builder will be under gripe of law and compel to refund your money. But you initiated your case under civil law as well as C. P. Act which has long complaxed proceedings.

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Sunil Kumar Singh

Responded 5 years ago

A.Dear client Since Order passed by Court absence. It's violation of Rule of Civil Justice.this order should Vacate by Court of appeal
Go ahead
Lawyer/Advocate

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Sandeep Pingale

Responded 5 years ago

A.You can appear before Consumer Commission.And state that I am senior citizen and without depositing decretal amount stay cannot be continued in state Commission.And also mention delay for filling revision or appeal.

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Rameshwar Dadhe

Responded 5 years ago

A.U can ask Ur lawyer what are you doing

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