How to enforce Consumer Court’s Order?

Consumer Protection Act

The orders of the Consumers Forums are like orders of the Civil Court and are enforceable like a decree of the court. The order of a junior Forum is appealable with the senior Forum, and when no appeal is instituted, the order is final. Section 14(2A) provides that every order made by the District Forum shall be signed by its President and the member or members who conducted the proceeding.

Every order made by the State Commission shall be signed by its President and the member or members who conducted the proceeding. Similary, every order made by the National Commission must be signed by the president (or the senior most member acting as president), and at least two members who conducted the proceeding.

Where a party is not satisfied with an Order, the party can appeal against the Order in the higher Forums viz., Statement Commission, National Consumer Forum and Supreme Court, as the case may be, within 30 days of the Order.

Where no appeal has been preferred against the order made by the District Forum, or State Commission, or the National Commission, such order shall be final.

Under Section 25 Enforcement of orders: (1) Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.

(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.

(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.

Penalties under Section 27: Every order made by the District Forum or State Commission, or the National Commission may be enforced in the same manner as if it were a decree of the court. All the persons – the trader, or complainant, or the opposite party, are supposed to comply with the orders. When any such person fails or omits to comply with the order, the District Forum, or State Commission, or the National Commission, as the case may be, may punish him with—
– imprisonment for a term ranging between one month and three years, or
– with fine ranging between Rs. 2,000 and Rs. 10,000, or
– with both

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