What to do when opposite party is not following court order?

563 votes

If the other parent does not obey a court order, you can file a Motion for Contempt. If you ask the court for a contempt order, the court can make the other parent go to court to explain why he or she has not followed the court’s orders. A parent who violates a court order can be found guilty of contempt, and the judge can order him or her to obey the order

Advocate SK Shahrukh Raja LawRato

575 votes

Sir/Ma'am,

Section 307/379 IPC is a serious charge, but it has nothing to do with your disconnection of water, where water is a basic essential right and you may get favourable orders in High Court also along with your Section 144. Now the real question is whether you are entitled to get relief in Consumer Court for the Maintenance charge paid by you to the Secretary of the Apartment or not.

To get the relief in Consumer Court you have to fulfil two conditions - 1. that you must be consumer of a product or service provided by a service provider. and 2. that you are not one of the service provider.
In this case you are falling under the first definition, but you are also the member of the apartment and you are not a consumer in that case. So your relief is not available in Consumer Court but you have opportunity under Apartment Ownership Act, where you have relief against such misdeed done by your OP.

LawRato LawRato

906 votes

As per Section 144 is a major tool in the hands of the Executive Magistrate to prevent obstruction, annoyance; injury etc. to the Public in general. Once Section 144 is promulgated, the Penal Provision of it, breach is covered u/s 188 of IPC, where the disobedience of the order causes or tends to cause obstruction, annoyance or injury, to any persons lawfully employed or danger to human life, health or safety, or a riot or an affray. The offence is Bailable except for the states of Madhya Pradesh and Chhattisgarh, where its non- bailable.
As far as filling in consumer court is concerned you can file case against the apartment and will definitely get justice.

Advocate Sanjay Khan Chowdhury LawRato