• Can Jdr raise objections during in executing court

First I filed in District consumer mysore and then appealed in State Consumer court bangalore ,.The state commission Bangalore passed a decree ordering President of house building society Mysore ,to give plot possession and mental agony within 6 months.
As they did not comply,I filed Execution Application in District consumerMysore and not in State consumer forum bangalore ..I filed in mysore because the property and the Jdr is located in mysore.IS THIS RIGHT? 
During Execution application the JDr has filed objection and filed application under section 13(3B),26 R/W. Order 7 Rule 11 of c.p.c of consumer protection act.on the jurisdiction of State commission,and prayed execution application to be dismissed.He did not file any appeal in NCRDC against State Consumer court(15 months have passed).
My question is
1) Is the objection of Jdr valid? If no then what reply should I give for the objection raised?
2)The District consumer court has asked me to reply.How to get the objection cancelled..The Jdr without appealing in NCRDC how can they object in Execution application?
Regards 
Divya .[deleted]
Asked 7 months ago in Civil Law from Mysore, Karnataka

1. Well, since your consumer complaint was filed in District forum , Mysore then execution case is to be filed therein only and nowhere else. The jurisdiction of appellate forum has got nothing to do with it.

2.  Take the plea as I have stated above. The executing court is bound to implement the order passed by appeal forum and hence can not go behind it.

Devajyoti Barman
Advocate, Kolkata
19480 Answers
277 Consultations

5.0 on 5.0

The said objection cannot be taken in execution court it has to be filed in appellate court

Prashant Nayak
Advocate, Mumbai
18462 Answers
34 Consultations

4.6 on 5.0

No objection is not valid as stage of execution. 

You should reply that if he had objection then he should Have appeal after decree from state consumer forum.

In execution petition the duty of executing court is make the compliance of order and not to take objections regarding order of decree court. 

Mohit Kapoor
Advocate, Rohtak
7845 Answers
2 Consultations

5.0 on 5.0

Objections are not valid as no appeal has been filed against state commission order and it has attained finality 

Ajay Sethi
Advocate, Mumbai
74332 Answers
4447 Consultations

5.0 on 5.0

They can raise objections in the execution application bUt they cannot go into the merits of the matter.

The executing court also cannot go into it.

Regards 

Rahul Mishra
Advocate, Lucknow
7869 Answers
15 Consultations

5.0 on 5.0

Petition will file in state commission, for want of jurisdiction petition will not dismiss but will transfer to jurisdiction court.

Execution petition for want of jurisdiction can be objected.

Yogendra Singh Rajawat
Advocate, Jaipur
18391 Answers
22 Consultations

4.6 on 5.0

- Yes, you are right to file the execution petition in Mysore, where the JDR is located and the property as well.

- As per law, the jurisdiction of execution petition is Mysore , and not Banglore, 

1. No, the objection of JDR is not valid , under execution petition , the juridiction of JDR is considered for compliance of Decree , if the JDR is residing on different place .

2. Appeal is his right against the decree but not in this court. His applicatoin derserve to be dismissed.

Mohammed Shahzad
Advocate, Delhi
2449 Answers
33 Consultations

5.0 on 5.0

1.  The Decree holder should have filed the execution application before the court which granted the decree in his favor.

If the state commission has passed a decree in favor of the complainant setting aside the decree passed by the district forum, then the EA shall lie in the files of the district forum only.

 

You present in your arguments denying his objections and insist on the maintainability of the application, you may discuss with your advocate and proceed.

 

2. Appeal before NCDRC is his choice, you may note that the JDr is not objecting to the decree which was granted agaisnt him, whereas he is objecting to the EA filed by you and not the main decree.

Hence you may give a reply to the court as directed giving your objections made by him and insist that his objections are not maintainable.

 

T Kalaiselvan
Advocate, Vellore
64284 Answers
833 Consultations

5.0 on 5.0

Question is after filing the complaint in the District consumer forum at Mysore, why did you prefer an appeal in the state commission, if so what was the order in the District forum, was it against you, if so, then the appeal preferred by you in the state commission is correct. Now after the appeal was disposed off in the state commission, did the commission, remand back the matter or granted the relief as prayed for by you, in the said appeal, had the O.P appeared, if so what defence had it set up. Now if the order was in your favour, then the execution filed by you before the district forum at Mysore is wrong, it should have been filed before the state commission. Never mind where the property is situated, territorial jurisdiction vests for whole of Karnataka. Hence execution should have been filed in the state commission.

Now the JDR has raised a preliminary objections regards to jurisdiction, which is valid, without challenging the order passed by the state commission. It is there right to appeal or not to. 

Anyways, you can file Memo seeking liberty to withdraw the EP which has been filed by you in the District consumer forum to file the same before the State Commission.

All this advice is based purely on the facts stated by you. For a better opinion please get in touch with anyone from this panel and seek your advice.

Kiran N. Murthy
Advocate, Bangalore
1274 Answers
182 Consultations

5.0 on 5.0

Order passed by consumer forum has attained finality as no appeal has been filed against said offer 

 

2) no need to file defamation case 

 

3) file rejoinder that no objections were raised before consumer forum regarding jurisdiction 

 

4) that objections raised are dilatory tactics adopted by respondent 

Ajay Sethi
Advocate, Mumbai
74332 Answers
4447 Consultations

5.0 on 5.0

Consumer forum has no power to review its own order or set aside an order passed by it. Order so passed cannot be declared null and void by the same district forum. 

Mohammed Mujeeb
Advocate, Hyderabad
15399 Answers
7 Consultations

4.5 on 5.0

1.  Filing an appeal is against the grievances to the decision made against him. Filing an objection to this EA is his right, let him record his objection, you can nullify the same as per the provision of law and facts that your rely upon, nothing to be worried about the procedures of law.

2. No, you have to ignore it and concentrate in your case alone.

3. Its alright.

4. No.  He has sought to dismiss the EA alone and not the judgment given by the court against him, hence you better discuss with your advocate on this before wrongly concluding on such issues and get unnecessarily frustrated

T Kalaiselvan
Advocate, Vellore
64284 Answers
833 Consultations

5.0 on 5.0

The objection will not succeed. 

No it can't be dismissed like this by district forum

Prashant Nayak
Advocate, Mumbai
18462 Answers
34 Consultations

4.6 on 5.0

Appeal would be time barred as more than 18 months have passed since passing of order 

 

2) delay of 18 months in filing appeal would  not be condoned 

 

3) you can oppose application for adjournment onnext date 

 

4) you cannot claim reliefs in execution application for appointment of administrator 

 

5) you have to approach registrar of society for appointment of administrator 

 

6) Section 27 of the Act, which clearly envisages that, in case, a person, against whom an order has been passed, omits to comply with the same, he or she can be punished with imprisonment for a term, which may extend to three years and fine can also be imposed.

Ajay Sethi
Advocate, Mumbai
74332 Answers
4447 Consultations

5.0 on 5.0

Yes you can file the same for his arrest. 

He can appeal with condonation of delay application. 

Yes you can oppose it

Yes you can pray for arrest, proclamation, and attachment of his assets stage wise

Prashant Nayak
Advocate, Mumbai
18462 Answers
34 Consultations

4.6 on 5.0

 You can obtain orders for arrest the J Dr., but since the matter is posted for 30.01.2020 you may have to wait until then.

1.  The J.Dr., has rights to prefer an appeal before NCDRC, if necessary he may file a condone delay petition also.

2. Yes, you can object and put pressure on the court to not to allow the dilatory  tactics being adopted by the JD.

3. You follow up the EA immediately without anymore delay on the next date of hearing

T Kalaiselvan
Advocate, Vellore
64284 Answers
833 Consultations

5.0 on 5.0

You can engage a lawyer to appear on your behalf if you re unable to attend court on said date 

Ajay Sethi
Advocate, Mumbai
74332 Answers
4447 Consultations

5.0 on 5.0

No you can attend through advocate or some authorised representative. Any of you needs to attend. Only if no one attends it's a ground for dismissal. 

Prashant Nayak
Advocate, Mumbai
18462 Answers
34 Consultations

4.6 on 5.0

Your absence in the court may weaken your case, whether the JDr is appearing before court or not, it becomes your duty to attend the court in order to get the object achieved.

No doubt you can write to the court seeking an adjournment or condone your absence before court on the next date of hearing.

T Kalaiselvan
Advocate, Vellore
64284 Answers
833 Consultations

5.0 on 5.0

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