• NBW issued

NBW issued against Builder by the Dist Consumer court on 18th Sept 2019 but when I Calledup with the jurisdiction police,they informed me that the builder is out of town so they are unable to arrest.(I have recorded the conversation)The date of hearing is 19th october 2019..IF THE ACCUSED IS NOT IN TOWN ,IS IT A VALID EXCUSE?THE POLICE 
Can I request the court to issue NBW to Commissioner of Police Mysuru
.1) If the builder doesn't come to court on 19th can I request court to seal the office,and his house.
2) Can I request the court to declare him absconding?
3) This is Execution Application,. Can I request the court not to cancel NBW till I get my site and compensation as awarded by state consumer forum
Regards
DIVYA
Asked 4 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

Dear Sir,

My answers are as follows:

1) If the builder doesn't come to court on 19th can I request court to seal the office,and his house.
Ans: You have file application to attache and seal.

2) Can I request the court to declare him absconding?
Ans: Yes.

3) This is Execution Application,. Can I request the court not to cancel NBW till I get my site and compensation
as awarded by state consumer forum
Ans: Yes. But the Consumer Courts always shows mercy and accept the explanations of police. Yours is not only
the case for the police. There are lot of cases where in NBWs are pending. The police always says that they are short
of man power.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

No it is not valid excuse by the police they need to execute the warrant . 

1. Yes you can ask court to attach the property in his name.

2. Further court can issue the warrant against him through the commissioner or SP. Yes court may declare him absconding. 

3.See in case he files his presence in execution warrant may be cancelled though court will ask him to pay or may order attachment of the payment. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi Divya,

 

You can go with section 82 and 83 of CrPC.

First section 82 crpc make builder proclaimed offender and later to seize his immovable and movable property u/s 83 of CrPC.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

you can make application to the court to declare the Accused as "absconder" and you can take order from the court to issue proclamation and attach his properties. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Better request the court to complied the warrants through commissioner, pressure will mount. Or ascertain by yourself if builder is not in town ? If police report is fake than contradict the same in court.

No power to consumer court to declare absconding. Court will pass ex parte order for recovery and conviction.  NBW will be effective till he not present in court.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1.  Not only arrest, you can even seek attachment of his office properties by court.

2. No, that is not possible because there is no provision in law for that.

3.The NBW will remain effective till it is executed.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

you have to appoint advocate, you cannot reply through email. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You cannot file your reply by email, you can send it by registered post or by courier service to the court directly.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

It is not a valid excuse but also police cannot keep the person in custody for more than 24 hrs without court orders. 

So police will not arrest him till 18 oct. 

District consumer forum can give orders to SP for arrest of builder.

Yes court will declare him absconding if doesnt appear even after NBW for two more dates. 

Court will not cancel NBW on your request. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

See.you can send it via registered post court may entertain your objection though it is better you appear personally or through advocate or any authorised person.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are not able to attend in person execute POA in favour of family member to appear on your behalf 

 

2) in alternative engage lawyer to appear on your behalf 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Appoint advocate. Your case may dismiss for default fro non appearance. Not valid by email.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear sir

You cannot file counter by email. Moreover no counter is required because it is who has to reply to your execution petition. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes, you can appear in person in the consumer court.

 

No Need of a Lawyer in Consumer Forum
A review of the provisions of the Act discloses that the quasi-judicial bodies/ authorities/ agencies created by the Act known as District Forums, State Commissions and the National Commission are not courts though invested with some of the powers of a civil court. They are quasi-judicial tribunals brought into existence to render inexpensive and speedy remedies to consumers.

It is equally clear that these forums/ commissions were not supposed to supplant but supplement the existing judicial system. The idea was to provide an additional forum providing inexpensive and speedy resolution of disputes arising between consumers and suppliers of goods and services.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

The execution is the job of police. If builder manages then the police don't execute. Next date file for showcase notice to the commissioner why the same was not executed

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer