Hyderabad: Lawyers dealing with consumer forum cases say that most often parties involved fail to respect the judgement and delay paying compensation to the aggrieved.
Though in such a case the consumer has a legal option to file an Execution Petition (EP) which mandates the payment of compensation, instances show that this too is also failing to deter defaulters.
The case of Nooli Venkateshwarlu and other residents from Kurnool is one such, where the accused party has failed to pay or show up despite multiple EPs filed against them. This group of consumers was duped in a financial fraud case where they paid huge sums of money for plots but failed to receive them. In 2015, though the District forum of Rangareddy district ruled in their favour, the defaulters-Pratibha Forums and Estates, refused to pay the compensation and never turned up. Mr Nooli alone is to receive a sum of Rs 18 lakh as his compensation.
Thakur RajKumar Singh whose organisation, Human Rights and Consumer Protection cell fought the case for the group of complainants says the EPs have also failed to deter the accused from defaulting.
An EP could be filed under section 25 or under section 27 of the consumer protection act of 1986, Section 27 makes the case criminal which can fetch imprisonment. “This happens in cases where the accused feel what can the consumer forum do? The case has now gone to the police to solve, as the forum has applied Non bailable warrant against them” says Mr Singh.
Advocate Sudnyata says that in majority of cases EPs have to be filed, especially when the compensation is big.
“The process of EP is easy and allows filing a single petition to get the money instead of running behind the opposite party,” added Advocate Sudnyata. But when the opposite parties fail to appear, the cases turn criminal and languish for years.
“Justice won’t be denied as the complainant can seek interest in the amount from the date of filing the case, so the consumer will get his money’s worth,” says Advocate Ramesh Bommideni.
