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Thread: execution proceeding in consumer court

  1. #1
    paramesd Guest

    Default execution proceeding in consumer court

    execution proceeding in consumer court
    hello.
    I file a case in district consumer court due to non delivery of share
    by a sub-broker. The court in 2003 passed order in favour of me by
    directing the opposite party to refund the amount alongwith interest
    @18%.
    Till date the opposite party havenot paid be any amount. Further i
    think he has also not taken the order of the district consumer court.
    He is also ebsconding as he has closed his office and shifted his
    residence too.

    1. Can any one suggest, what r legal remedies available to me in this
    case.
    2.Can any one provide me the draft of Execution proceeding application
    which is to be filed in the district court.

    3.Any favourable judgements,if any in this case?

    thanks
    param

  2. #2
    Avinash Murkute Guest

    Default

    Same scenario with me.

    BSNL CMD is ignoring order from consumer court as he is more
    concerned about his salary.

    I wish I could file cases against retired officials then they will
    understand the importance of court orders and truth.

    At least I can enjoy and celebrate when they die.

    Regards,
    Avinash Murkute

  3. #3
    Unregistered Guest

    Default

    Hi, the first and most important thing to do is to get the whereabout of
    the defendent in your case. In case the person is absconding and u canot
    find the exact address no warrants of arrests can be issued and no body
    can help you. U find the exact address and get back to me I will give u
    proper execution application.

  4. #4
    Ajay Hooda Guest

    Default

    I have had similar experience with a house hold goods
    transporter in NOIDA. The person did not acknowledge
    any of the legal & court's communications & the court
    order was passed ex-parte while the person was
    conducting business as usual from the premises. I had
    to send a person to collect & then submit evidence (
    business cards, fresh quotations) showing the person
    was still operating from there to get arrest warrants
    issued. You may have to approach the main broker to
    find out his phone & residence & new office contacts
    if still operating.


    Ajay Hooda

  5. #5
    Unregistered Guest

    Default

    Dear LDG,
    thanks.
    I have office and residential address of the defendent.
    The copy of the Noticees will be sent to both the addresses.
    I need the proper format or some application already filed by someone for
    execution of order.
    Further i need some relevant favourable judgements too.
    thanks

  6. #6
    Ajay Hooda Guest

    Default

    BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT
    (URBAN) BANGALORE.

    APPLICATION U/S 25 READ WITH SECTION 27 OF THE
    CONSUMER PROTECTION ACT, 1986

    EXECUTION NO (Leave Blank )...../2006 IN COMPLAINT
    NO. ABC/2007


    IN THE MATTER OF
    Name & Address ...................COMPLAINANT

    Vs.

    Name & Address ........OPPOSITE PARTY NO. 1



    Application against non-compliance of the order dated
    ........... of the District Forum in complaint no.
    ABC/ 2007


    RESPECTFULLY SHOWETH:


    1. That the Complainant filed Complaint No.ABC /2007
    against the Opposite Parties, before this Hon’ble
    Forum and this Hon’ble Forum was pleased to provide
    relief to the Complainant, vide it’s Order dated
    ....20007 the relevant portion is quoted her:
    “.......” A copy of the aforesaid Order dated
    .....2007 is enclosed as Annexure-“A”.

    2. That the respondents have flagrantly violated the
    said orders of this Hon’ble Forum by not complying
    with the same, wholly or in part, within prescribed
    period of four weeks, which has expired on ....2007.

    3. That more than 12 months have passed since the
    order, however the Complainant has yet not received
    any amount from either of the Opposite Parties and
    they have failed to comply with the aforesaid Order of
    this Hon’ble Forum. The complainant is now entitled to
    interest @ X% p.a. on the amount of ''''from Date
    ...... as ordered by this Hon’ble Forum which works
    out to Rs. (and as such a total sum of Rs. ,,,,,/--
    is due from the O.P. till date ....07.

    4. That the respondents have committed an offence
    under Section 27 of the Consumer Protection Act.

    5. It is therefore most respectfully prayed that the
    Collector of the districts concerned be ordered under
    Section 25 (3) of Consumer Protection Act, to proceed
    to recover this amount from the Opposite Party No. 1
    and 2, in the same manner as arrears of land revenue,
    and pay this amount to the complainant.

    6. It is also most respectfully prayed that the
    respondents be summoned and tried for having committed
    the aforesaid offence under Section 27 of the act and
    be punished accordingly.

    7. Any order, which this Hon’ble Forum may be pleased
    to give, may also be passed.






    PLACE: Bangalore Mr. A B C
    DATED: COMPLAINANT



    VERIFICATION

    I, the above named Complainant do hereby solemnly
    verify that the contents of my above complaint are
    true and correct to the best of my knowledge and
    belief, and no part of it is false and nothing
    material has been concealed therein.

    Verified this 29th day of 2007 at Bangalore.



    PLACE: Bangalore Mr. ABC
    DATED: COMPLAINANT








    AFFIDAVIT


    I, Ajay Singh Hooda , Son of Late Shri Banar Singh ,
    and residing at 372 Vasundhra Shree Anantnagar , 3
    Cross 11 Main , Kammasandra, Anekal , E-City P.O.
    Bangalore 560100, solemnly affirm and declare as
    under:
    1) That the facts stated in the complaint petition
    paras 1 to 7, in Ajay Singh Hooda vs. Sun Packers &
    Movers & Kamaldeep Transport Car Carriers, being filed
    before the Hon'ble District Consumer Disputes
    Redressal Forum (Urban) Bangalore are true to the
    best of my knowledge and based on the records
    maintained by me, which I believe to be true.

    Deponent

    Verification
    Verified at Bangalore , on this 29 day
    of June, 2006 that the contents of the above
    affidavit are true and correct to the best of my
    knowledge and belief.



    Deponent
    Note:
    1. The Affidavit has to be sworn before the Notary,
    on a Rs. 5/- non-judicial stamp paper.
    .

    Ajay Hooda

  7. #7
    Unregistered Guest

    Default

    Please tell me, that for recover of the amount passed by the cour
    what action can I sought and how.
    As Execution proceeding is for punishing the accused for non obeying
    of the courts order. so what about its recovery?

    Can u please also quote me some judgement in the matter where under
    Any sentenced have been awarded which could be quoted in the
    application of execution proceeding

    thanks

  8. #8
    Unregistered Guest

    Default

    I am like you a non legal person fighting my own cases
    with some legal help as and when needed . Usually an
    arrest warrant if exceuted by the police should bring
    the person to his senses . Has happened in my case
    with Citi Square a developer in Bangalore who is a
    very big cheat . He paid up in intallments. If the
    person gives an excuse that has no money/ is bankrupt
    & provides proof of it then you need to identify his
    bank a/cs, other sources wealth & get it attached.

  9. #9
    sanket.raj32@ymail.com Guest

    Default refund camra

    Regarding homeshop 18 and does not return total amout of camra
    Hi

    I am Deshraj

    I have booked a camra on line homeshop 18 costummer Agent, when I am refund this camra before 18 aprail from agent told me I am not able to , he also told me 10-20 days leaving the refund cheque I will
    So, I want to make a case against this homeshop 18 and I want to take my total amount of camra plus RS. 4000 for the mistake of their side.

    Details of
    homesho 18
    noida 0120-4444918

    please do something for this case as soon as possible

    Thanks & Regards
    DESHRAJ
    O1764-224175,09023234842

  10. #10
    Prabhakar Kasalkar Guest

    Default RE:Award Recd in my favor from the Hon’ble state Consumer Disputes Redressal Commissi

    PRABHAKAR VASUDEO KASALKAR
    Karmayog Co-op Hsg Soc. 27/ 420, Gr. Fl , Azad Nagar No.1, Behind Sports Coplex, Jai Prakash Road, Andheri West, Mumbai – 400 053.
    Mo:98196 00536
    Emai:prabhakarkasalkar@rustomjee.com


    Date : 23rd December 2010.

    REGISTRAR
    Consumer Depute Redressal Fouram, District Mumbai
    Collector Building , 3rd Fl.,
    Near Chetna College,
    Bandra East , Mumbai.

    REF : Consumer Complaint No.491/2006 V/s The New India Assurance Co. Ltd.
    FA No. A / 10 / 307
    ( Arisen out of order dt.26.11.2009 in case No. 491 / 2006 of District Mumbai) (suburban)

    Respected Sir,

    Sub ; Award Dt.26th November 2009

    I would like to inform you that I have received your above mentioned award copy on 12th January 2010 and same is submitted to New India Assurance Company on 14th January 2010.

    Against this order insurance company has appealed to the Hon’ble state Consumer Disputes Redressal Commission , Maharashtra , Mumbai. The same appealed is dismissed and issued order in my favor dt. 19th October 2010.

    Order copy submitted to the Insurance co. 29th November 2010 and after continuously follow up with them till date I have not received my dues as per order.

    Hence I request you to look into the matter and instruct to Insurance co to release my payment at the earliest.

    Thanking you,

    Yours truly,



    Prabhakar kasalkar

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