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Author Topic: Seek help in execution of consumer case order  (Read 513 times)

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Offline deepgaur

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Seek help in execution of consumer case order
« on: December 28, 2015, 04:26:19 AM »
Hi,

I need some help in my consumer forum case. Here is the case history.
10 years back I purchased a car and I filed a case against dealer and manufacturer in consumer forum Delhi for the same car. Consumer forum directed manufacturer to refund car cost and dealer to pay harassment and litigation charges. Both parties appealed in Delhi state commission, and state commission directed dealer to pay car cost as well other charges as directed by lower court. State commission freed manufacturer from all responsibilities. Dealer then filed a review petition in national commission which granted stay on my execution petition with following condition as mentioned in the order:

"Stay subject to deposit 50% of the awarded amount which will include interest and cost. Stay shall operate only on deposit. The said amount be deposited with the District Forum who shall invest the same in fixed deposit."

When the date of hearing in national commission arrived, dealer did not show up in court and court dismissed the review petition. We figured out that the dealer has closed operations. I went back to district forum to reopen execution petition which was stayed by national commission. I requested to release deposited money for stay but so far no response from district forum. I have two questions:

1. It seems the district court may not have taken any deposit from dealer for stay even after the fact that it was the main condition for stay put by national commission. what should I do in such case?
2. How do I recover the remaining 50%? Can I pull in the manufacturer, as dealer has closed down and manufacturer authorized this dealer to deal on their behalf?

Can any expert please advice how should I move forward. Thanks alot in advance.

Regards
Deepak


Offline adv.amarnath

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Re: Seek help in execution of consumer case order
« Reply #1 on: March 06, 2016, 01:55:40 AM »
1. It seems the district court may not have taken any deposit from dealer for stay even after the fact that it was the main condition for stay put by national commission. what should I do in such case?

Withdraw the 50 percent money and file a petition to issue arrest warrant.

2. How do I recover the remaining 50%? Can I pull in the manufacturer, as dealer has closed down and manufacturer authorized this dealer to deal on their behalf?

Dealer and manufacturer definitely have owner and director respectively and they have residence address. So, ask court to issue arrest of warrant against them.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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