penal action cannot be enforced u/s 27 if an appeal is pending. True ?
27-Apr-2023 (In Consumer Court Law)
Dear sir, Kindly opine on the following queries. 1) An appeal (Revision petition) is pending before National Consumer Redressal Commission against a final order of the state forum.Can the district forum enforce any penal action under section section 27 of the Consumer act 1996? Can it proceed with attachment of property under section 25 ?What is the latest supreme court ruling on this matter? 2) How to get the entry details of a passport, easily from FRRO (IMMIGRATION DEPARTMENT), of a person who has made a false power of attorney in India when he was already abroad and filed a consumer copmplaint in his physical absence in India? When I enquired with Foreign Regional Registration Officer (FRRO), he said usually it won't be sent to any person even under an RTI application, even if the party himself applies.Only a court or investigating officer can directly avail it from FRRO, under an order or request. Kindly advise and opine on these matters.Thanking you. Your's truly Renjith
Question- An appeal (Revision petition) is pending before National Consumer Redressal Commission against a final order of the state forum.Can the district forum enforce any penal action under section section 27 of the Consumer act 1996?
Ans- yes, unless the order is stayed by the NCDRC
Question No 2.
File a petition before the court to get the details. RTI is not a right choose in your case.
Ans- yes, unless the order is stayed by the NCDRC
Question No 2.
File a petition before the court to get the details. RTI is not a right choose in your case.
If your appeal is pending before the national commission, in normal circumstances state commission will wait. But mere pendency of an appeal will not stand in the way of the lower courts. U better get a stay from the national commission till the pendency.
Regarding the power of attorney matter- when a person who is abroad makes a power of attorney it has to be attested by the embassy. If you dislute the attestation u should have brought up at the first instance. I f there was no such pleadings in your objection before the state commission u have lost your valuable opportunity. Further details can b discussed in person. Feel free to contact me
Regarding the power of attorney matter- when a person who is abroad makes a power of attorney it has to be attested by the embassy. If you dislute the attestation u should have brought up at the first instance. I f there was no such pleadings in your objection before the state commission u have lost your valuable opportunity. Further details can b discussed in person. Feel free to contact me
Dear Client,
Mere pendency of an appeal in the Hon'ble National Forum is not a ground for the stoppage of the Execution Proceedings by the District Consumer Forum. You are required to obtain stay from the National Forum for the stoppage of the Execution Proceedings till the disposal of the appeal by the National Forum. For this you are required to file a separate Application before the National Forum for obtaining stay. You can say the contention of the false power of attorney as a reason for obtaining the stay , even if this has nothing to do with the crux of the case.
Additionally you can file a petition before the Hon'ble National Forum to direct the complainant to produce the original passport along with the photo copy of all sheets , so that the official of the court can verify and return. If he is out of India you can file petition to produce the photostat copy of ALL SHEEYS OF PASSPORT duly attested by the Indian High commission / consulate abroad. And if any discepecy is found you can pray the court to take criminal case against that person by filing separate Application.
Mere pendency of an appeal in the Hon'ble National Forum is not a ground for the stoppage of the Execution Proceedings by the District Consumer Forum. You are required to obtain stay from the National Forum for the stoppage of the Execution Proceedings till the disposal of the appeal by the National Forum. For this you are required to file a separate Application before the National Forum for obtaining stay. You can say the contention of the false power of attorney as a reason for obtaining the stay , even if this has nothing to do with the crux of the case.
Additionally you can file a petition before the Hon'ble National Forum to direct the complainant to produce the original passport along with the photo copy of all sheets , so that the official of the court can verify and return. If he is out of India you can file petition to produce the photostat copy of ALL SHEEYS OF PASSPORT duly attested by the Indian High commission / consulate abroad. And if any discepecy is found you can pray the court to take criminal case against that person by filing separate Application.
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