• Execution case in NCDRC

NCDRC had directed the builder to return my principal amount with interest and penalty , but as common practice in our country , builder conveniently flouted the NCDRC order . I filed the execution petition in NCDRC in the same judge court who had passed the order, but to my surprise the first hearing date itself has been given after six months . This defeat the whole purpose of filing the execution as i continue to pay both EMI and RENT .

What are my options now ? (other than re-filing application for an early hearing date .) 

Can i approach Supreme court ? 
Can i approach local court or police here local in Bangalore ? 
Any other legal remedy available ?
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

Hi,

Due to burden of cases longer dates are being given in NCDRC. The best option at this stage to file application for early hearing. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

You must file petition in Hon'ble SC for issuing writs upon NCDRC, directing it to exercise it's jurisdiction over your execution petition immediately rather than taking 6 months time

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1273 Answers
4 Consultations

4.4 on 5.0

file a direction petition for speedy disposal before the High Court.

Shiva Bharathy
Advocate, Chennai
75 Answers
1 Consultation

4.0 on 5.0

Dear Concern,

Please note - 

01. You may approach the NCDRC with an application to hear you out on an urgent basis and to accordingly decide the fate of your case. 

02. You can't approach the Supreme Court of India for your execution petition. The right to get their order executed is with the NCDRC so you have to be with them only.

03. You can't approach the local court as well as local police over this subject for the reason stated in point number 02.

04. You can write a formal letter to the Bank to stay the EMI for the time being till you get the order executed from the NCDRC as you have got the order from NCDRC in your favour. Attach the certified copy of the Order passed by the NCDRC and the Execution Petition filed by you as an annexure to that application. Write that application to the concerned Branch Manager keeping the Regional Office concerning to the Loan Account of that Bank in Carbon Copy. I am sure they will pay heed to your situation as they will have a guarantee paper (order of NCDRC and the Execution Petition Copy) which is ensuring their recovery in against the property for which you have taken loan from them. I have got this done for my clients in Delhi and I am sure this should also be possible for you in Bangalore.  

For your general knowledge, NCDRC is over burdened with the bulk of cases (probably with the most number of cases as far as Delhi is concerned) which have reached to them by the way of appeal or by the way of original jurisdiction as per the pecuniary value. With less number of benches available to deal and dispose off the entire pendency the entire procedure of dealing the cases have become difficult. Even we are getting dates which have a gap of almost a year which means our cases in NCDRC is being heard only once in an entire year. We can't do much about it.  

Pulkit Prakash
Advocate, Delhi
231 Answers
5 Consultations

5.0 on 5.0

You can apprach nclt. You can seek early date by approaching SC by stating your urgency 

Prashant Nayak
Advocate, Mumbai
17444 Answers
30 Consultations

4.6 on 5.0

You cannot approach SC during pendency of execution proceedings in NDRC 

 

2) Police would not intervene as execution proceedings are pending 

Ajay Sethi
Advocate, Mumbai
73010 Answers
4384 Consultations

5.0 on 5.0

1. Yes, you are free to approach the Apex Court to get the execution proceedings expedited.

2. Not of any help.

3. Get the NCDRC executiion expedited. 

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

You should approach the high court for an expeditious disposal of your case.

Regards 

Rahul Mishra
Advocate, Lucknow
6742 Answers
15 Consultations

5.0 on 5.0

See you can pray for early hearing only pending the execution.  Police cannot help you without order of the court.

See file an application to take up matter pass and pass appropriate orders.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

You need to take such direction from court bank will not it stop it. You can try a writ petition in HC

Prashant Nayak
Advocate, Mumbai
17444 Answers
30 Consultations

4.6 on 5.0

You can seek early date hearing in NCDRC 

 

2) you would not get orders for stay of EMI during pendency of execution proceedings 

Ajay Sethi
Advocate, Mumbai
73010 Answers
4384 Consultations

5.0 on 5.0

  1. You will instruct the bank to stop emi. Have you not so instructed the bank? If you have and the Bank isn't following your instructions, only then will you sue the bank

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1273 Answers
4 Consultations

4.4 on 5.0

Dear Concern,

Please note -

01. You can file an application before Banking Ombudsman provided your application to stop the EMI till the time the Execution Petition filed by you in NCDRC do not gets decided is rejected by the Branch Manager as well as the Commercial Office relating to Loan. 

02. There is no provision to approach the Supreme Court for the expedition of Execution Petition pending in NCDRC. You have to file an application citing your urgency in NCDRC itself. 

Pulkit Prakash
Advocate, Delhi
231 Answers
5 Consultations

5.0 on 5.0

At this stage only options You have are either to wait for next hearing date or approach SC ny writ petition to make execution petition time bound and give direction to NCDRC to dispose execution petition.

Police and local courts cannot be approached as execution petition is pending before NCDRC.

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

Yea you can. Alternatively you should file a case in the high court. It can also give directions to the ncdrc.

Rahul Mishra
Advocate, Lucknow
6742 Answers
15 Consultations

5.0 on 5.0

Since the court has passed an order in your execution petition you may either have to wait until then or file a petition seeking hearing advance for the reasons you may rely upon. 

No other actions are maintainable. 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

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