Once a consumer has won his/her case in consumer forum (court), sometimes the OP (opposite party) does not care to respond to the order, and does not pay up the ordered amount to complaint filer. You have won the case and got order for OP to pay up, but it seems the OP is unaware of least bothered to follow order of the court.
It then becomes necessary to invoke another provision under Consumer Protection Act/Rules to tackle this kind of situation. You have to file for Execution of the order, whereby OP can become liable to pay penalty or even be jailed for non-compliance of court order.
Ex-parte order in favour of consumer: Sometimes OP doesn’t even acknowledge the complaint filed in consumer forum and does not respond to notice sent by forum, and later court gives order in favour of consumer OP being declared ex-parte. Subsequently, OP doesn’t acknowledge or obey the consumer forum order either. In that case too, you have to file for execution of the order.
Below is given a template (based on my own execution filed on Flipkart) of execution application along with another affidavit document. Whether affidavit document is necessary or not, you can check with administrative staff. There seems to be conflicting information on this, but having affidavit won’t harm in anyway so one can as well get one made and get it notarized.
Note: Filing for execution is not necessary if OP has complied with the order fully.
Note: following application and affidavit for execution have been filed under Section 25 and 27 of Consumer Protection Act. Section 25 is for attachment of property, and Section 27 is for imprisonment of the OP. What sections to put were suggested by consumer forum staff and I guess the same should be fine for all execution affidavits. You can read Consumer Protection Act, 1986 for more details. If still in doubt, you can leave a blank space for section numbers and fill it after confirming with court staff.
Sample Format of Execution Application with Verification
Note: you must modify the portions of Execution application template as per your own case details. All details within <> need to be replaced with your own case details.
<Replace below with consumer forum you filed complaint in>
<BEFORE THE III Additional Bangalore Urban District Consumer Disputes Redressal Forum, Bangalore – 560008>
APPLICATION U/S 25 READ WITH SECTION 27 OF THE CONSUMER PROTECTION ACT, 1986
EXECUTION NO IN COMPLAINT NO <fill your original consumer forum complaint no>
BETWEEN:
Sri/Smt <Your Name>,
S/o W/o
Aged about xx years
R/at <Your full address>
Mobile: <9999999999> …Complainant
And
<Replace below by name and full address of OP in your case>
<Flipkart Internet Private Limited,
Ozone Manay Tech Park,
#56/18 & 55/09, 7th Floor,
Garvebhavipalya, Hosur Road,
Bangalore – 560068,
Karnataka, India.>
Phone: <OP official phone> …Opposite Party
Application against non-compliance of the order dated <DD/MM/YYYY> of the District Forum in complaint no. <Your complaint no>
The complaint submits as follows:
1. That the Complainant filed Complaint No <Your complaint no> against the Opposite Party, before this Hon’ble Forum and this Hon’ble Forum was pleased to provide relief to the Complainant, vide it’s Order dated <DD/MM/YYYY>. The relevant portion of order is quoted below:
<“The Complaint is allowed. It is held that there is deficiency in service by the Opposite Party. The Opposite Party is directed to pay Rs X,XXX/- to the Complainant, as refund for the defective product and for compensation and cost. The Opposite Party is granted 30 days time from today to comply this Order. If the Opposite Party fails, the said sum of Rs X,XXX/- shall carry interest at 12% p.a. from the date of default until actual payment.
This Order is pronounced on this the DDth day of MMM , YYYY”>
A copy of the aforesaid Order is enclosed as Annexure-“A”.
2. That more than <XX> months have passed since the order, however the Opposite Party has not complied with above order and have not paid the said sum, or even bothered to contact the Complainant.
3. That the respondents have committed an offence under Section 27 of the Consumer Protection Act.
4. It is, therefore, most respectfully prayed that this Hon’ble forum may be pleased to grant the following reliefs/pass the following orders :-
(a) Complainant be awarded sum of Rs <X,YXX>/- (<Rs X thousand Y hundred only>) with interest from date of default until actual payment.
(b) That the Opposite Party be dealt with and punished in accordance with the law for having willfully, deliberately and intentionally not complied with the orders of this Hon’ble forum.
(c) The execution proceedings be initiated for execution of the above orders of this Hon’ble forum
(d) Grant such other reliefs as this Hon’ble forum deems fit to grant/award in the circumstances of the case, in the interest of justice and equity.
<replace with blank space and sign here>
PLACE: <City> <Your full name>
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 <DD day of MMM, 20XX> at <City>.
<replace with blank space and sign here>
PLACE: <City> <Your full name>
DATED: COMPLAINANT
Sample Format of Affidavit accompanying above Execution Application with Verification
Below affidavit has to be printed on separate page from above application and verification
Note: you must modify the portions of Affidavit template as per your own case details. All details within <> need to be replaced with your own case details.
AFFIDAVIT
(In support of the complaint under Section 25 and 27 of the Consumer Protection Act)
<BEFORE THE III Additional Bangalore Urban District Consumer Disputes Redressal Forum, Bangalore – 560008> IN COMPLAINT NO <Your complaint no>
IN THE MATTER OF:
<Your full name> ……Complainant
Versus
<Replace by full name of OP in your case><Flipkart Internet Private Limited.> ……Opposite Party
I, <Your full name>, Son of, Sri , and residing at <your full address> do hereby solemnly affirm and declare as under:
1) That I am complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.
2) That Opposite Party has not complied with the order of Hon’ble court dated <DD/MM/YYYY> in <Your complaint no> and I haven’t received any amount out of Rs <X,XXX/-> as ordered by the court.
3) That the facts stated in above paragraphs 1 to 4 in the accompanying application for execution in Complaint no <Your complaint no> are true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Deponent
Verification
Verified at <City>, on this <DD of MMM , YYYY> that the contents of the above affidavit 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.
<replace with blank space and sign here>
Deponent
<replace with blank space for notary to sign/put seal here>
Above has to be printed on paper and signed by you in presence of notary and then signed by notary. Carry a government approved identity card to prove your identity to notary.
Note: Whether the above Execution Application and Affidavit documents should be on green paper or plain paper is something not very clear. If it is on green paper, then no one can object since usually legal applications/complaints to court are submitted on legal green paper. But most likely, printing them on plain paper should work too. You can check with administrative staff of consumer court (over phone), and if they say plain paper is fine then it’s even easier. Legal green paper is available at stationery shops and you can buy and print at home if you have a printer at home.
Hi,
First of all, much appreciation to you for writing up such an informative article and also having the patience to respond to the queries of tens of people.
We had filed a Complaint Case in KSCDRC in Jan-2017 against a person who had taken 38Lakh from us in 2013 for the possession of a flat, which he failed to do so. The case is at ARGUMENT Stage since April-2019. The OP has not appeared before the court even once, yet the court has gone on giving dates to the OP. Our next date is given for Feb-2020. It is very disappointing that the ARGUMENT stage has dragged on for almost 2 years now. How long can the Court do this?
Also, since we are no longer interested in the possession of the flat (because the person has another agreement with a third party for the sale of the land and there is an ongoing case in the high court, so we do not want to get stuck in that case after getting the possession of the flat), can we ask for ONLY refund of the amount? Reason I am asking this is because our lawyer has stated POSSESSION or REFUND in the affidavit that we have filed.
Thank You, in advance.
No idea how long the court can do this, but one of my own case was pending in Order stage for almost 1.5 years – so I guess “Impossible is nothing” is the motto – not just by Adidas but our courts too! Also last 6 months or so delay can easily be blamed on Covid 19 related issues.
For changing prayer to REFUND ONLY at this stage – you will have to check with lawyer both on its legal validity based on contract law and the contract with builder, and whether it is procedurally possible at this stage. If builder cannot give possession, then refund is the only alternative he will be left with.
What are the stages of hearing of the Execution application u/s 27 of CP Act 1986, after the District Consumer Forum passes an order in your favor?
To my knowledge, execution is fairly simple procedural part of law, so it would not have usual stages of a trial like petition /plaint, objections, evidence, cross exam, arguments etc. My book surviving the legal jungle covers basics of legal steps during a trial in various types of court cases.
For more details about execution, you may want to consult a lawyer.
Sir,
I have filled case in district forum against builder.
Forum ordered amount refund with 8% interest within 6 weeks from the day of order
Builder has not complied the order.
I need your help on following points:
1) Shall I file Execution petition or wait for some more time?
2) Do I need to be present before the Judge while filling execution petition?
3) What is the procedure followed if Complainant files execution petition before district consumer forum?
Thanks
4) Will it takes multiple hearing after filling execution petition?
1) You can wait 30 days from date of order
2) Yes. It’s on affidavit I think
3) This article contains whatever I know.
4) For me it took a few hearings at max. Court procedures are heavily favoured to give ample/reasonable opportunity and adjournments – though consumer forums are much better than other courts – so it mostly depends on cooperation or lack of it by the OP, too.
Hello,
Expecting your help for my case which was filed against the car dealer Balaji cars and Tata Motors. The result was declared on 27 Aug 2019 and forum has ordered to pay Rs.80,000 jointly and severally with 9% interest from the date of filing of the case within 60 days of order. Now OP2 (Tata Motors) has followed the forum order and sent the amount check but OP1 (Balaji Cars) did not respond the order. I found Balaji cars and the whole group were closed before 5 years.
I have sent the notice to all addresses on the location of the showrooms but they were returned with remarks left an address. But I had just the name of the person who was attending the case for the Balaji cars, can I file the EP against this person under sec 25/27 of CPA except for the name I did not have any information for this person as well as Balaji cars. How can I proceed?
If the car dealer has actually closed down, then it’s difficult. The person who came from Balaji is your best bet, but is he an advocate or a representative? If representative, then he has to know address of Balaji or contact details. You should peruse the case file and find out who that person was – advocate or representative, and his address should be available. Send a written notice to him, or ask office admin staff on what could be done in this situation. Else you will have to take help from an advocate, which shouldn’t be difficult either since it is a matter of a specific administrative point on how to execute, not fighting a case.
Once you know name/address, only then further steps can be taken.
Another possibility is that Balaji cars didn’t really appear (in that case, what is the status of this person, observer?) and they were ex-parte. Else how is it possible that they got served the notice of complaint, but now you have come to know that they have been closed for 5 years?
What is the time limit to file an EP.
Dear Sir,
NBW has been issued against the bike dealership. But they are asking for Director’s name alongwith affidavit. If director name is not available, but other dealership locations (properties) are identified, can they carry out sealing?
Conversely can the manufacturer be held responsible (originally was included in the case as they failed to respond to email) ?
NBW stands for non-bailable warrant which is to arrest a person and produce before court. That’s why they are asking for director’s name. Stick to that definition and provide whatever information you can provide (like name, address of person) to execute the NBW.
NBW is not about sealing/attachment. That can be a separate remedy though under execution.
>>Conversely can the manufacturer be held responsible
Whoever are the Opposite Parties in original complaint, and further only against those Opposite Parties against whom order has been given by consumer forum, are the only parties who are liable. You cannot reopen case now based on past history about what happened or did not happen at that time.
i had filed a complaint against United Bank Of India for illegally imposing penalty for premature withdrawal. The initial documents inviting deposits did talk of no lock- in period and had prescribed same rate of interest for tenure of deposit from 39 months to 60 months. I had withdrawn the deposit in the 46 month.District Forum did not give me any relief. So I went in appeal before the State Forum where my appeal was accepted and UBIwas directed to pay back the amount deducted from the deposits and paying 9% interest p.a.over and above that within 40 days of the order.
The Bank having not paid the said amount I am to file an execution petition. The question arises should I file the Execution petition before the State Forum or the District Forum ?
kindly favour me with your advice.
I’m not a lawyer, but based on my understanding execution of an order of a court should be filed at the same level court, so state forum in your case. You could ask the admin staff of the consumer forum for the same too. Usually they are very helpful and these kind of queries should be routine queries for them.
Against an order of Dist Forum opp party failed to fulfill the order of the dist forum . I then filed Execution petition and in between opposite party appealed in state commission and got stay order To get stay state commission ordered to deposit Rs.1 lac which they did. But in the state commission the appellant (opp party) or its counsel did not appear continuously for 4 occasions .so their appeal has been dismissed. Now what should I do to get one lac already with the Dist.Forum and also the balance compensation awarded by dist forum from the opp party. Pl enlighten
I am not sure. Since appeal is dismissed, the old order stands. Stay should also be vacated simultaneously along with dismissal of appeal. So the execution filed earlier can be pursued again. How to get the 1 lac deposited is another point the answer to which can be found only in procedural law. You can check with forum admin office, or failing which approach an advocate.
Dear Videv,
Three queries:
Case: 95% money paid to builder 11 years back for a house. No possession till date. Took 03 years to get the State Consumer Forum to pass an order this July against Builder (Ansals, Lucknow) to give possession of house within next 03 months or refund amt with 18% interest since the time money was paid by me.
Query 1: Is the Court order automatically received by the Builder or do I have to ensure that a copy of the order has been received by them?
Query 2: Likely that the Builder will not execute order. In that case how long am i supposed to wait before I approach the Court for an Executive Petition?
Query 3: Which Court to approach for EP…..National Consumer Court or the same State Forum?
Thanks and regards for the good work
1. Builder is Opposite Party, so they have to be aware of Order.
2. Check the time limit specified in Order, and you can file for execution if payment not made within that time.
3. Same level forum – State forum in your case.
Grateful 🙂
I have received part payment after filing the execution suit, now what do I do? Withdraw the case or file additional affidavit??
Part payment is not a fulfillment of the order. You can file memo/affidavit as needed bringing it to notice of forum, and attach a copy of the DD/cheque etc instrument. You could even mention in memo or affidavit that an exemplary cost be imposed on OP for delaying the proceedings and vexatiously carrying on the litigation.
I had filed a case against Builder for possession of flat and against illegal demands. The State commission ordered to handover the possession and pay compensation within 60 days. However, the Opposite party has not complied to the orders and have moved an appeal to the National Commission. My Question is
1. Isn’t the Builder supposed the handover the possession based on order of State Commission?
2. After 60 days if I file for execution against the Builder, can I demand a non-bailable warrant against the builder?
3. How much time does it take for an appeal to be heard and disposed of by National Commission?
4. How do I first get possession of my flat and continue with the case?
Any help or suggestion is highly appreciated. Thanks in advance.
Regards,
Jay
1. They can appeal.
Section 19 and 19A of Consumer Protection Act cover appeals to National Commission:
http://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html
There are various time limits given for disposal, though in my experience (in other courts) these are not mandatory cast in stone.
2. No. Appeal is underway.
3. See above sections.
4. Fight their appeal.
Sir I have won consumer court case in last month but what to do after this as dealer (motorcycle ) has not paid dues?
Also I checked, the dealer has shifted location. Should I file execution against both manufacturer and dealer (with new location)?
Please suggest
Execution has to be filed against whom the Order has been made. If the address has changed, you can check with admin office if any separate submission to be made regarding that. Otherwise they would send execution notice to the original address in complaint.
Thanks for the information Sir.
Exec was filed and I informed court staff about address change ( he didnot ask me to change anything). first hearing was done and hon’ble judge has given date for 2 months later.
Please guide what should I expect on the next date? I didnot ask judge as I didnot wanted to sound uninformed.
OP should appear after taking notice, or if they avoid notice somehow to due genuine issue, then more time may be given to give notice. Else if it is clear that they have avoided deliberately or accepted notice but did not appear, then forum can proceed and ask for next steps like arrest warrant etc. That may not happen immediately though.
During execution, there is not much to be done by you after filing it, it’s the OP who have to appear and fulfill the terms given in order.
Thanks for the guidance Sir.
OP didnot appear for execution case as well. NBW has been issued. Next hearing is in Sep.
Judge wasn’t interested in revising the award amount much though. A paltry increase of 10000.
Is there a possibility of penalty revision to higher amount if case is moved to civil court?
Also, what could be done if OP doesn’t respond to NBW as well?
I doubt case can be moved from consumer forum to civil court for the reason you mention, or even otherwise.
Apart from NBW, attachment of property is also possible.
i have filed a execution application against the consumer forum (narnaul) order, in which opposite party is directed to pay 10 lac rs to me with 10% interest rate. But she do not pay me any amount. and she donot have property to her name. President(Judge) asking me to file property details of her, i checked at tehsil but she do not have any propery. No i gave an application to Judge for her imprisonment( civil jail) for not obeying the order but the Judge gave my application back and said that we can not take any such type of action against the opposite party as she is a WOMEN. And now saying me to withdraw the execution application. What can i do now ? we can not do any action if the opposite party is a ladies. Confused.
CONSUMER COURT NARNAUL (HARYANA)
It might be because of Section 56 of Code of Civil Procedure (CPC). A consumer forum may rely on CPC since it’s a civil case essentially:
http://www.lawzonline.com/bareacts/civil-procedure-code/section56-code-of-civil-procedure.htm
It’s being challenged but as of now it still stands as the law.
https://indianexpress.com/article/india/india-news-india/bombay-high-court-junks-pil-challenging-section-56-of-cpc-on-arrest-of-women-4367503/
http://www.indialegallive.com/top-news-of-the-day/legal-eye-articles/section-56-of-the-civil-procedure-code-lend-her-a-helping-hand-43900
Dear sir I have got an order in favour of me against an authorised repair center of a renowned car brand in Goa
Further I filed for execution and since then the repair agency of that car company has shut shop in Goa.&I am unable to trace the directors of that Pvt Ltd Repair center as they are all absconding.
I wish to know that can I approach the district forum and request to review the order and induct the name of The Principal Car Company in that order
Also is there any other forum to get relief from such authorised service center defaulters
Hope that u will kindly guide. L. Raj
The car manufacturer itself should have been made a party if it’s under warranty. If it is not under warranty anymore, then it’s difficult to say whether the manufacturer can be made a party or not because their liability to repair ceases after warranty period. Also, it’s a question of law whether a party can be impleaded in after judgment/order is already done. At the worst, it may still be possible to use this judgment to file fresh case against car manufacturer, but that would involve going through the trial steps again.
I had filed an EA.. in the last date the Respondent filed a Plea… and what will happen next?
Who can say without knowing details of plea?
Hello
I have filled case in district forum against builder.
Forum ordered amount refund with 8% interest
Builder fail to complay.
I filled election petition..
Court summoned him to present..builder is not complying summons..
Forum issued bailable warrant of RS 5000/- to builder which will be served by police to builder..but builder is underground..in this case how to go further for non bailable warrant..as old bailable warrant is pending and no chance to b taken by builder and police to fulfill it??
Under which section forum can proceed for non bailable warrant??
I am not sure under which section, but consumer forum has some powers to issue NBW too, you can read the consumer protection act for details.
The builder/ Promoter says that he has no money to pay and his assets are sold or encumbered. While filing Execution, is it my duty to provide details of properties that could be attached, in case builder fails to uphold the State consumer commission award. Can I insist on builder to declare before Court all his assets held or encumbered including those sold to his kin for nominal consideration during the period of my suit.
Ravindran, Chennai
It’s not your liability to inform forum about properties of builder. There is section in consumer protection act where if order of consumer forum not followed, non bailable warrant can be issued for arrest of defaulter. So you can check again your execution application and maybe amend it to include that section too, so that builder has fear of arrest.
Hi Videv,
My TV (Brand- LE ECO) stopped working in 3 months after purchase. I contacted the customer support of the brand and they sent a service engineer after a week. The service engineer who visited said the TV will be replaced and gave a ticket number, he advised me to follow up with the customer support. I called up the customer care and they said the TV will be replaced in 10-15 days. It is already been more than 45 days now.
For the last 30 days they were hanging up the phone without even letting me complete, few of the executives respond to the call and put me on hold. I was fed up with their behavior and I said I will go to the consumer court to one person from the support team, he immediately said we cant help you further our legal team will handle the issue!
I am fed up with the response and the service they are offering. I have called up the consumer court and raised a ticket (docket number: 446441). Request you to help me with the next steps and how long would the procedure take, will i be given a Refund?
Thanks,
Bharath
There is no online consumer forum (it might be consumer helpline you called), so you will have to file written complaint as per procedures given on this site.
Hi Sir,
An Ex-Parte order in my favor has been issued by the District Consumer Court and the same has been communicated to the opposite party which is a builder. As per the court order, the opposite party was supposed to execute a Builder Buyer Agreement (BBA) with us and to pay a lump-sum amount by 20th September 2017. Now the opposite party is taking some time for drafting the agreement as per the new provision of RERA and agreed to adjust the lump-sum amount against the outstanding balance which I need to pay to the builder. So till date the builder has not executed the deliverable as per the court order but showing their willingness to follow the same. I would like to understand the time line available to a consumer to file an application in court for the execution of the court order u/s 25 and 27. Some one told me that it should be filled within 30 days from the last date of executing the court order, i.e. 30 days from 20th September = 20th October 2017. Please advice whether I have option to file application for execution of court order beyond 20th October ?
30 days may be time AFTER which you can file execution, not before. I had filed for execution almost after 1 year if I remember correctly.
The time limit seems to be 12 years.
http://www.lawyersclubindia.com/forum/What-is-the-time-limit-to-file-the-execution-petition–4794.asp
Thank you so much Sir for your response, I followed your suggested link and read the entire article. I think, if not 12 years, then at least I still have 3 years available for filing order execution in District Consumer Forum, in case the article 137 of Limitation Act is applicable here for period of limitation. Thanks again Sir.
Sir I have won consumer court case in last month but what to do after this.
If I not get money from opposite party
File for execution, this post gives the details on that.
Sir
I was having a locker with HSBC for last 10 years. It was jointly held with my sister, who is a NRI. I received a call last year- Nov 2015, asking for KYC updation. They wanted all account holders to be physically present with the KYC documents. When I said my sister would be available only after 3 month i.e Mar- Apr 2016, they just asked me to submit as early as possible. There was no deadline or timeline communicated. In fact they sent me mails even after this calls as generic mails as reminder for KYC updation.
The latest mail was just a day before when my sister came here and we were in bank with KYC documents the very next day.
But the bank had already closed our locker, in fact they closed it just few days after the 1st and the only call. There was no communication after closing too, we came to know when we visited bank. Further, even before closing there was no proper communication (details of timeline)
Can I file case for compensation?
It all depends on terms of contract how locker is given. Does it specify any deadline for KYC etc? Does it mention anything about KYC at all, and if so what are special conditions for lockers without KYC?
You need to check those points, and if there is no such contractual obligation on your part, you could file complaint to banking ombudsman and if that doesn’t get relief to consumer forum.
Thank you for this very valuable post Sir.
I filed for execution in the office of the consumer forum. There was no appearance in fron of the judge, they simply asked me to leave the execution application and asked me to come to appear in front of the judge on 15th Dec.
Few more questions if you could help me with Sir.
1. Is there need for appearing in front of the judge also upon filing for execution?
2. I have made atleast 20 rounds to the forum in the last 2 years for this case and the OP has not even bothered to respond. Such contempt and audacity and confidence hat they are above everyone else. Sir, do you think anything will make them pay up – based on your experience with such parties, when you had to file for execution.
3. Also sir, is there a method to re-appeal on the compensation/relief granted if the complainant is not happy with the order. Is there any provision to do so? Does the court accept? In my case, I have ended up spending so much in travelling up and down from the court – the court was very far from my home., litigation expenses and the mental harassment does not even get included not any penalty on the OP except for a meagre 9% interest p.a from date of filing. Is there a way to appeal for higher compensation?
Thanks, Ritu
Execution should work because OP don’t want property attached or want order of jail time.
>> Also sir, is there a method to re-appeal on the compensation/relief granted if the complainant is not happy with the order
You can request to court staff or judge about it, but I doubt they will change original order given that compensation is already ordered. But in execution, you may ask court to give reasonable additional amount due to travel, delay, harassment etc.