what are the measures we can take after state forum given the judgemen


We have a favorable judgement in case of a housing matter from state consumer forum. Opposite Party (OP) needs to act in 30 days as per directions of the judgement. We fear and infact we are certain that OP will go to NCDRC. What are the pro-active measure that you advise? Is caveat an option? Also when OP appeal against the judgement, then in response can we seek more damages from OP or the NCDRC will only either reduce/nullify the penalty on OP or can also decide more damages to OP?

Answers (2)


195 votes

Caveat is not necessary in your case because as and when the OP will file an appeal you will be duly notified either by the OP or the court i.e. NCDRC. Regarding the issue of damages is concerned it depends on the facts and circumstances of each case, you will have to justify your claim for more damages before the Court. As of now without knowing the details of the order of the State consumer commission it is difficult to advise further.


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101 votes

Dear Sir,

Why do you want to file a caveat. If the opposite party goes in also you will automatically get summons from court.

As far as your question regarding enhancement of damages is concerned if the opposite party gets a stay in award and finally also the car is decided in your favor you can ask for damages in your reply. Court will grant more damages on interest of delayed possession.

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