Execution Procedure under Consumer Protection Act 1986 India.

Once a litigation reaches to its end and order is passed either of the contestants win and the order is passed against the other. Now according to consumer laws these orders can be for anything like correction of any error, problem, or doing something to correct the complaint for which litigation was initiated and manythings as per the provisions within a time frame and the person to whome directions are made is generally called JDR who has to comply with the order passed by the District Forum, State Commission or National Commission.
There is a little technicality out there.If someone wishes to challenge this order the party may prefer an appeal to this order before the superior forum within one month of time and if that is not done the order of the forum becomes final and further actions will be taken if the orders are not complied within time which is called the execution proceedings.The consumer act being liberal in construction gives time to the party who has to obey the orders specific time period and which starts from the day and time when the order comes to the knowledge of the party to whome directions are made.
If even after the time period passes and the party does not comply with the orders or does not prefers an appeal execution proceedings can be started in the same forum where orders were passed. This can be under two sections that is 25 and 27.
There is no restrictions to proceed with execution proceeding with only one section or with both of them, neither there are any restrictions or rules about whether one should go with first section 25 or section 27. Proceeding under section 25 is fully of civil nature but one under section 27 attracts criminal liability and punishment embedded. When acting under this section the forum acts like a criminal court which can use the powers same as a judicial magistrate of first class.

Under section 27 fine can be imposed above the orders which may be anything between RS 2000 to Rs10000 and jail term from one month to three years.

Whether Civil Procedure Code can be applied to Consumer Protection Act 1986?

Our legal work is practised according to the details and rules made via the enactment of Civil Procedure Code wherein all the procedures of various legal processes is determined and those are mandatory to perform while conducting complaints and litigations and everyone related is bound by them.But CP act is a separate creation of legislature which is meant to give solace to the hurt and manipulated consumers by the greedy business class.

Many a times or say each time advocates who conduct consumer cases also in consumer forums though it is neither mandatory nor required if someone has got some knowledge of the consumer laws...use the processes as enumerated in civil procedure code but as per the consumer protection act it is expressly provided that only a few provisions which are basically related to calling for evidence are only applicable to this act and nothing more than that.Again when nothing is expressly provided in the consumer protection act, or rules or regulations than for smooth adjudging one takes resort to the procedures of civil procedure court but this too also not to be misused.

The misuse is often seen while seeking adjournments to the hearings.. and evidences even though it is expressly provided that even the evidence act is also not applicable to consumer cases.So if anyone is conducting a legal proceeding personally in any consumer forum they can gather some knowledge on this line on the various provisions available so to check any manipulations...or may bring to the attention of the forum if something negative is happening.what is needed is a better understanding.

will discuss various provisions in the next post...

jai hind...