Execution Petition Under Consumer Protection

I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum. I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of ... Read More

I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum. I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of Consumer protection act in execution petition, so that the other party pays my money in a rapid manner because of fear of arrest. My query is if I file U/S 27 and draft my prayer as per section 27 of CP act then judge may issue warrant and in that case will he be able to take BAIL or stay for Arrest from State or National Commission ?. Please guide me on this point. Other query is if I do not include sec 25 and files under 27 only, then will judge be able to pass recovery orders after selling Opposite party's property/bank accounts?
Read Less

Answers (2)

Team Legistify

Team Legistify

  • Sector-1, Noida

You have been rightly advised . make application under section 27 of consumer protection act as OP may pay fearing arrest . even if OP files appeal state or national commission will direct OP to deposit money in court.

Answered on 28 Sep 2018


Was this answer helpful?

Team Legistify

Team Legistify

  • Sector-1, Noida

Sec 25 of consumer protection act is for enforcement of order whereas sec 27 deals with penal clause if you want to get punish to opposite party then apply u/sec 27 of act Better apply u/s 27 so due to fear of arrest opposite party would comply with the order.

Answered on 28 Sep 2018


Was this answer helpful?

Didn't find the answer you are looking for?

Talk to experienced lawyer online and get your answered in minutes.

Advocate Prabhakar ShettyAdvocate Sriraj MenonAdvocate Suresh KumarAdvocate Maneesh Arora+50