execution proceeding in consumer court
This is a discussion on execution proceeding in consumer court within the Stock Market forums, part of the Investment category; execution proceeding in consumer court hello. I file a case in district consumer court due to non delivery of share ...
- 03-24-2009, 07:19 PM #1paramesd Guest
execution proceeding in consumer court
execution proceeding in consumer court
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
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
1. Can any one suggest, what r legal remedies available to me in this
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?
- 03-24-2009, 07:21 PM #2Avinash Murkute Guest
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.
- 03-24-2009, 07:22 PM #3Unregistered Guest
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.
- 03-24-2009, 07:22 PM #4Ajay Hooda Guest
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.
- 03-24-2009, 07:24 PM #5Unregistered Guest
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.
- 03-24-2009, 07:25 PM #6Ajay Hooda Guest
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT
APPLICATION U/S 25 READ WITH SECTION 27 OF THE
CONSUMER PROTECTION ACT, 1986
EXECUTION NO (Leave Blank )...../2006 IN COMPLAINT
IN THE MATTER OF
Name & Address ...................COMPLAINANT
Name & Address ........OPPOSITE PARTY NO. 1
Application against non-compliance of the order dated
........... of the District Forum in complaint no.
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
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
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
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.
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.
1. The Affidavit has to be sworn before the Notary,
on a Rs. 5/- non-judicial stamp paper.
- 03-24-2009, 07:25 PM #7Unregistered Guest
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
- 03-24-2009, 07:26 PM #8Unregistered Guest
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.
- 06-02-2010, 01:22 PM #email@example.com Guest
Regarding homeshop 18 and does not return total amout of camra
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.
please do something for this case as soon as possible
Thanks & Regards
- 12-24-2010, 09:55 AM #10Prabhakar Kasalkar Guest
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.
Date : 23rd December 2010.
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)
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.
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