Execution of the decree of a consumer court – how to be done?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 8 months ago.

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  • #1645

    Anonymous
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    How can the order / decree of a District Consumer Forum be executed or implemented? In my case, the company against which I filed the complaint in the consumer court has lost the case and also the appeal, but still he is not paying the amount to me. What should be done?

  • #1648

    Provisions relating to the enforcement / execution of the orders of the consumer courts, namely, the District Forum or the State Commission or the National Commission, are laid down in Section 25 of the Consumer Protection Act, 1986.

    As per this, such consumer forum may order the property of the person to be attached, who is not complying with an interim order of such consumer forum. Further if the non-compliance continues beyond 3 months, the property attached may be sold and out of the proceeds thereof, the consumer forum may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.

    Section 25 further provides that where any amount is due from any person under an order made by a consumer forum, the person entitled to the amount may make an application to such consumer forum, and such consumer forum may then 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.

    This is how an order of the consumer forum (whether the District Forum or the State Commission or the National Commission) can be enforced or executed.

    In addition to the above, Section 27 of the Consumer Protection Act lays down that where a person against whom a complaint is made fails or omits to comply with any order made by the consumer forum, such person 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 thousand rupees but which may extend to ten thousand rupees, or with both.

    Section 25 of the Consumer Protection Act, 1986, is reproduced below:

    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.”

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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