Execution of consumer order
4 months ago
We are a group of around 20 who have recived refund order from consumer court karnataka after 5 years legal fight. The order says to refund with interest wtihin 60 days. We are sure that the builder is a total fraud and will not honor. He may hide and disapper. What are the legal options to force the builder to come out and refund our money? Can one FIR regsitered by one complainant can suffice to execute consumer order for the whole group or every person has to register FIR. Since the builder has cheated all the group and the group members are at different locations, will one member FIR can be supported for all consumer order. Is there any provision in law to file group execution of consuerm order
A.Dear Client,
Sec.71 of the Consumer Protection Act, 2019 deals with the Enforcement of orders passed by the District Commission. Every order made by a District Commission, State Commission or National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. As per Sec.72(1) of the Act, Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (3) Save as otherwise provided, the offenses under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. So, in view of the above provision of enforcement of orders passed by the District Commission, you have to file an Execution Application(EA) under Sec.71 read with Sec.72 of the Act before the District Commission for an order of execution of its order. The District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offenses under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.
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Sec.71 of the Consumer Protection Act, 2019 deals with the Enforcement of orders passed by the District Commission. Every order made by a District Commission, State Commission or National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. As per Sec.72(1) of the Act, Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (3) Save as otherwise provided, the offenses under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. So, in view of the above provision of enforcement of orders passed by the District Commission, you have to file an Execution Application(EA) under Sec.71 read with Sec.72 of the Act before the District Commission for an order of execution of its order. The District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offenses under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.
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A.Dear Sir,
CONSUMER COURT DECREE EXECUTION AND IMPLEMENTATION
Format of affidavit for Execution Petition to District Consumer Disputes Distressal Forum under Section 25 and 27 of Consumer Protection Act.
If the Opposite Party is not executing the order passed by the Consumer forum in a reasonable time and not filed any appeal against the order, the Complainant can file Execution Petition to execute the order of Consumer forum under Section 25 and impose penalty under Section 27 of the Consumer Protection Act on Respondent for Non Compliance.
Sample Format of Affidavit for Execution Petition in District Consumer Forum:
BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM NEW DELHI
EXECUTION PETITION NO___ OF 20___
IN
COMPLAINT NO._____ OF 20__
IN THE MATTER OF:
____________ AND ANR COMPLAINANT/ PETITIONER
VERSUS
_______DEVELOPERS LTD & OTHERS OPPOSITE PARTIES/ RESPONDENTS
AFFIDAVIT
I, __________________, Son of Shri. _______________, aged about __ years, resident of ________________________________, New Delhi _____, do hereby solemnly affirm and declare as under:
That I am one of the Complainants in the above matter and am well conversant with the facts and circumstances of the above Complaint and competent to depose the present Affidavit.
2. That this Hon'ble Forum passed order dated ____ in Original Complaint No____ dated ______ in favour of the Petitioner.
3. That the said orders of this Hon'ble Forum were duly served on the respondents by this Hon'ble Forum. Legally the service of the above orders is complete on the respondents.
4. That despite the orders of this Hon'ble forum having duly been served on and brought to the notice of the respondents, the respondents have not complied with the same within the specified period.
5. That the respondents have thus conducted themselves in the most reprehensible manner showing scant regard to the orders of this Hon'ble Forum which conduct on their part is palpably, manifestly and gravely contumacious and makes the contemnors /respondents liable to be dealt with in accordance with the law and punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the authority of this Hon'ble forum.
6. That the interest of justice demands that the contemnors/respondents are dealt with and punished severely in accordance with the law for their willful, deliberate and intentional disobedience of the orders of this Hon'ble forum. Otherwise, if the contemnors are let go Scott free the litigant will lose their confidence and faith in the judicial proceedings.
7. That I have read and understood the contents the above Complaint filed on my behalf and I state that the contents whereof are true and correct to my personal knowledge and the submissions made therein are true and correct to my knowledge on the basis of legal advise received and believed to be correct.
DEPONENT
VERIFICATION
I the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
DEPONENT
Section 25 of Consumer Protection Act 1986
25. Enforcement of orders of the District Forum, the State Commission or the National Commission.
(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.
Section 27 of Consumer Protection Act 1986
27. Penalties
(1) Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both:
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.
CONSUMER COURT DECREE EXECUTION AND IMPLEMENTATION
Format of affidavit for Execution Petition to District Consumer Disputes Distressal Forum under Section 25 and 27 of Consumer Protection Act.
If the Opposite Party is not executing the order passed by the Consumer forum in a reasonable time and not filed any appeal against the order, the Complainant can file Execution Petition to execute the order of Consumer forum under Section 25 and impose penalty under Section 27 of the Consumer Protection Act on Respondent for Non Compliance.
Sample Format of Affidavit for Execution Petition in District Consumer Forum:
BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM NEW DELHI
EXECUTION PETITION NO___ OF 20___
IN
COMPLAINT NO._____ OF 20__
IN THE MATTER OF:
____________ AND ANR COMPLAINANT/ PETITIONER
VERSUS
_______DEVELOPERS LTD & OTHERS OPPOSITE PARTIES/ RESPONDENTS
AFFIDAVIT
I, __________________, Son of Shri. _______________, aged about __ years, resident of ________________________________, New Delhi _____, do hereby solemnly affirm and declare as under:
That I am one of the Complainants in the above matter and am well conversant with the facts and circumstances of the above Complaint and competent to depose the present Affidavit.
2. That this Hon'ble Forum passed order dated ____ in Original Complaint No____ dated ______ in favour of the Petitioner.
3. That the said orders of this Hon'ble Forum were duly served on the respondents by this Hon'ble Forum. Legally the service of the above orders is complete on the respondents.
4. That despite the orders of this Hon'ble forum having duly been served on and brought to the notice of the respondents, the respondents have not complied with the same within the specified period.
5. That the respondents have thus conducted themselves in the most reprehensible manner showing scant regard to the orders of this Hon'ble Forum which conduct on their part is palpably, manifestly and gravely contumacious and makes the contemnors /respondents liable to be dealt with in accordance with the law and punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the authority of this Hon'ble forum.
6. That the interest of justice demands that the contemnors/respondents are dealt with and punished severely in accordance with the law for their willful, deliberate and intentional disobedience of the orders of this Hon'ble forum. Otherwise, if the contemnors are let go Scott free the litigant will lose their confidence and faith in the judicial proceedings.
7. That I have read and understood the contents the above Complaint filed on my behalf and I state that the contents whereof are true and correct to my personal knowledge and the submissions made therein are true and correct to my knowledge on the basis of legal advise received and believed to be correct.
DEPONENT
VERIFICATION
I the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
DEPONENT
Section 25 of Consumer Protection Act 1986
25. Enforcement of orders of the District Forum, the State Commission or the National Commission.
(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.
Section 27 of Consumer Protection Act 1986
27. Penalties
(1) Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both:
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.
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