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What if opposite parties approach state consumer forum to get a stay
17-Dec-2023 (In Consumer Court Law)
dear sir/maam thank you all for providing proper advice for the query posted earlier.now the builder has not paid the compensation as per the order from district consumer forum.and it has expired on 17-12-2017.as per your advice i have to file to either prosecute them or request for sale of their property.which i will do in a day or two. but my queries are 1.can the opposite parties approach state commission for stay on the order given by district consumer forum 2.under what conditions will they get stay . 3.how will i be informed about the stay and what should i do 4.what will the state consumer forum look in this case.will the state forum review the order given by district forum. 5.what does the state consumer forum expect from the opposite parties in this case .do they ie opp parties need to prove to the state forum why the order by the district forum is given against them. kindly need ur help thanks
the appeal period from the order of the district consumer forum is 90 days and after that they have to file the appeal with limitation petition by assigning a proper reason. so you can file the execution petition before the lower court if stay is granted then the state forum will direct the opposite party to deposit atleast half of the compensation amount
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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First go through the order of dist forum in detail. In the order you Wil come across the last date mentioned by forum to comply the order. With in stipulated period of last date, the opposite parties may approach the State forum challenging the dist forum order.
In your queries, the 1st query may get Happened if they approach state forum.
Query 3- you will be informed by notice through state forum.
For remaining queries depends upon substantive question of law and appreciate if evidence by state forum by reviewing the dist forum order.
In your queries, the 1st query may get Happened if they approach state forum.
Query 3- you will be informed by notice through state forum.
For remaining queries depends upon substantive question of law and appreciate if evidence by state forum by reviewing the dist forum order.
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firstly you need to file a execution proceedings before the concerned district forum for the execution of the order passed by the same district forum and regarding 1. yes, 2. subject to Percentage of compensation has to be deposited 3. you will receive the notice from the commission4. commission will check for illegallity of the order passed by the district forum, they need to prove that order passed is illegal and arbitrary
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Adv. Neeraj N
Hyderabad | 100+ Answers
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