Court order related to a site on a gated community
I bought a site on a land gated community. they agreed to develop it in 6 months and it remained undeveloped even after 1 year.in the consumer court proceedings were as follows; told my greviance, told what i should get, gave documentary proof where ever required,and stated my case logic why i should get what i have asked for.the judge found this quiet clear with no intrigue or complication. Now after 1 year , still there is no payment made by the accused who get's away by some excuse, 2 NBWs given to him, both times out on bail.
Question; how can I get my full money.
Asked in Property Law from Bangalore, Karnataka
you mean to say consumer court has passed order in your favour . however opposite party has not complied with the order . under the circumstances you have to take out execution proceedings under Sec. 25 of Consumer protection act, and can ask for the attachment of movable-immovable property belonging to the opposite party . consumer forum has to direct the collector to sell the property of the person against whom decree is to be executed.
Let your lawyer invoke the jurisdiction of the court for enforcing the court order. A court which passes a judgment has the power to compel its performance in accordance with the law. The property of the opposing party can be attached and sold depending upon the nature of order passed by the court and its competence.
if you file a petition to execute the order of the court, by giving the details of list of immovables or movables that are available with the Accused. after service, if the Accused disobey the order of the court. then, complaint under section 200 of CR P.C. will be entertained by the Court and Accused will be brought to court for recovery.