PROCEDURE FOR EXECUTION OF CONSUMER COURT ORDER- ROLE OF POLICE & 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 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 them to implement the order although the 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. 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 unserved with remarks such as- ‘person not available’, ‘address not correct’, or at times ‘refused’. Often it is found that notice is avoided “Consumer must insist the court to give him ‘dasti’ notice also which he can personally also go and serve forum generally gives ‘dasti’ notice. By personal visit also if someone 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 him 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, the order is yet to be complied with. It cannot be wiped 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 the revenue department also, for compliance of the order