EXECUTION OF THE CONSUMER COURT ORDER
(Role of Police and Court)
- OBTAINING CERTIFIED COPY OF THE ORDER –It’s the duty of the court to send it by post to all the parties in litigation.
- Time for execution or for appeal starts from the date of receipt of certified copy of the order which is thirty days as per CP Act.
- Voluntary act by complainant-Writing by the complainant to the judgment debtor is a voluntary act but it may help. 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
- Execution petition can be filed by the complainant after expiry of thirty days. Complainant becomes entitled to file execution petition after expiry of one month time.
- Provision of Dasti Notice -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. 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.
- Warrants, Non-Bailable warrants &Arrest –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. 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
- Declaring accuse absconding –In case person not found, court can declare him absconding and police can arrest him as and where found
- Provisions under section 25 of CP Act –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.
Dr Prem Lata