how to get refund from builder
4 months ago
We are a group of around 20 who have recived refund order from consumer court karnataka after 5 years legal fight. The order says to refund with interest wtihin 60 days. We are sure that the builder is a total fraud and will not honor. He may hide and disapper. What are the legal options to force the builder to come out and refund our money? pls advise
A.Dear Sir,
You have to file execution petition before the same Consumer Court and it may refer to the Deputy Commissioner and in turn it will be referred to the Tahasildar to recover the same as arrears of land revenue by attaching the properties of such builder.
You have to file execution petition before the same Consumer Court and it may refer to the Deputy Commissioner and in turn it will be referred to the Tahasildar to recover the same as arrears of land revenue by attaching the properties of such builder.
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A.Dear Client,
Sec.71 of the Consumer Protection Act, 2019 deals with the Enforcement of orders passed by the District Commission. Every order made by a District Commission, State Commission or National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. As per Sec.72(1) of the Act, Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (3) Save as otherwise provided, the offenses under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. So, in view of the above provision of enforcement of orders passed by the District Commission, you have to file an Execution Application(EA) under Sec.71 read with Sec.72 of the Act before the District Commission for an order of execution of its order. The District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offenses under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.
Sec.71 of the Consumer Protection Act, 2019 deals with the Enforcement of orders passed by the District Commission. Every order made by a District Commission, State Commission or National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. As per Sec.72(1) of the Act, Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (3) Save as otherwise provided, the offenses under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. So, in view of the above provision of enforcement of orders passed by the District Commission, you have to file an Execution Application(EA) under Sec.71 read with Sec.72 of the Act before the District Commission for an order of execution of its order. The District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offenses under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.
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A.Dear Client,
To ensure the builder complies with the court's decision, you may consider taking the following legal steps. First, obtain a certified copy of the court order. Subsequently, approach the local civil court with jurisdiction over the builder's assets and seek an execution order. This order empowers authorities to seize the builder's assets if they fail to comply within the given or stipulated 60-day period. Simultaneously, consider filing a complaint with the police against the builder for non-compliance with a court order under section 154 of Crpc, as this may prompt law enforcement to take action.
To ensure the builder complies with the court's decision, you may consider taking the following legal steps. First, obtain a certified copy of the court order. Subsequently, approach the local civil court with jurisdiction over the builder's assets and seek an execution order. This order empowers authorities to seize the builder's assets if they fail to comply within the given or stipulated 60-day period. Simultaneously, consider filing a complaint with the police against the builder for non-compliance with a court order under section 154 of Crpc, as this may prompt law enforcement to take action.
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