State consumer forum passed decree ,but opposite party not comply with the order.So I filed Execution Application and now the Honoroble court has issued NBW when he failed to appear.My question is 1) Can I ask for certified copy of NBW and follow up the case with police?Can I Approach media 2)Can I request court not to cancel NBW without me getting my payment of 5 lakh plus my plot in case he appear in next hearing date. 3)Does the Dist. Consumer have the power to call for Liquidation .in a situation when the opposite party fail to make payment 4)On the basis of NBW can I ask Asst.Registar of Cooperative society to appoint Administrator immediately?The opposite party is cooperative society.. Regards PLEASE ADVICE DIVYA
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1. Yes, you can obtain certified copy of the same and follow up with higher officials of Police.
2. Generally court without compliance of the order or undertaking to comply the same within a specified time limit in which you have nothing to say much.
3. No
4. No. Consumer fora has no jurisdiction for the same.
1. See you can approach media at your instance but this moment follow up with the pol ke.
2. See in case he file appearance court to cancel his NBW can levy some condition.
3. Yes it has power of attachment.
4. No the court shall pass the order.
1. Yes you can do so.
2. Court will not cancel it till he makes payment
3. Yes it has power to attach his property.
4.you can pray for it but the registrar office will follow it's own course.
1) you can follow it up with police and involve the media
2) court can cancel NBW if he appears on next date
3) consumer forum can attach the bank accounts , property of the opposite party
4) merely because NBW is issued is not grounds for appointment of administrator
Dear Sir,
My answers are as follows:
1. Can I ask for certified copy of NBW and follow up the case with police?Can I Approach media
Ans: You can take certified copies of NBW as well as order sheet and seek police help and also you can approach media.
2. Can I request court not to cancel NBW without me getting my payment of 5 lakh plus my plot in case he appear in next hearing date.
Ans: The accused will move an application for recalling of NBW and it is not your duty to get it recalled. You cannot play both hot and cold.
3. Does the Dist. Consumer have the power to call for Liquidation .in a situation when the opposite party fail to make payment
Ans: No, unless there is such certificate issued by competent authority.
4. On the basis of NBW can I ask Asst.Registar of Cooperative society to appoint Administrator immediately?The opposite party is cooperative society..
Ans: No..
Once you have filed a execution petition if the consumer forum has issued NBW it will be sent to the Commissioner of police to get the warrant executed you cannot seek copy of the warrant. Yes you can publish in local media regarding the order passed by the court but cannot make allegations.
As non bailable warrant has been issued by the commission so it will not be cancelled but in case you need a copy of the valuable warrant then you can give an application to to the court to provide with the copy of the non bailable warrant issued for your record purpose to mention that you are going to approach to the police for the execution of non bailable warrant
NO need, NBW must have reached to police station and if not than you can take it and directly serve to police station.No role of media but can this order of NBW publish in newspapers.
NBW has been issued now police will must present him in court. Warrant will not cancel. If party do not comply with court order, can be send to jail and attachment of his property.
What is the role of society in this case.
Yes you can get certified copy of order and followup with police regarding arrest of accused. You cannot approach media till pendency of case.
Court may have issue conditional warrant that till payment he will be under custody.
Yes.
You cannot ask AR directly for appointment of administrator but you can make application in court for directions to AR for appointment of administrator.
you can obtain certified copy of orders.
Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody. Balance between Personal liberty and the interest of the State.
1. You can ask the court to give the copy of the orders directing the police to arrest the opposite party for default in obeying the court order, to follow up the same through police effectively.
2. You cannot ask the court to cancel the orders for arrest if he appears before court and gives an assurance for payment.
3. You can file an EP for the same to execute the orders of the consumer court.\
4. Against whom are you going to take this action, is it against the registrar?
Thanks to all panel members. My question is Should the NBW be sent to jurisdiction police station or the Commissioner of police office? Please advice
NBW is to be sent to the police station
It will go to jurisdictional police station.
jurisdiction Police station.
The consumer court will send the arrest warrant orders to the concerned police station directly and not to the commissioner of police.
It should be mentioned in the order of Court to whom they have given direction to execute non bailable warrants.
That will get sent by court. It's their work. It goes to concerned police station
Area SP than to PS.
Dear Sir,
It should be sent to jurisdictional police. Be informed that even if sent to CoP then it has to be executed by jurisdictional police only, it may cause unnecessary delay.