Court ordered to accept my job application to govt. office. No reply.


Postal Department's delay in sending my job application led to my rejection as the application took 12-14 days to reach and the last day of submission was over by then. This was for a Govt. Job. I filed an RTI followed by multiple appeals and then went to the consumer court wherein the Govt. department was directed to accept my job application.

 

However, till date I haven't heard from the Govt. department. What should I do now?

 

Answer

 

You need to file an Application for execution of the Order of the District Forum under Section 25 and 27 of the Consumer Protection Act. 

 

The Consumer Protection Act has laid down the manner in which an order passed by a consumer courts can be executed (Section 25 of the Act). According to the Act, if any person does not comply with the order passed by the consumer forum, then the forum may order the property of the person to be attached. If the party against whom the order is passed does not comply with the order within three months, then the forum may direct sale of the attached property and may award damages to the complainant and pay the balance, if any, to the opposite party.

 

The Act has also made provisions for penalties in case the order passed by the forum is not respected (Section 27 of the Act). If the party against whom the order is passed does not comply with an order made by the Consumer forum, then such person may be punished with imprisonment or fine or both.

 

The limits for penalties are as under:

 

Penalty                     Minimum              Maximum

Imprisonment             1 month                 3 years

Fine                          Rs 2000                 Rs 10000

 

In the case of State Of Karnataka v. Vishwabarathi House Building: The Court considered the interpretation of Section 25 of the Consumer Protection Act (Execution of Order) in detail. It held that a Consumer Forum is empowered to execute the orders passed by it as laid down under Section 25 of the Act. Section 27 of the Consumer Protection Act also confers  additional powers on the Forum   to execute its order. Section 27 gives similar power as in civil proceedings to a Civil Court (i.e. Contempt of Court, Code of Civil Procedure etc). It is a well settled law that every Court that can adjudicate a dispute and pass an order. It also  has the power to implement its order.

 

Hope this helps. Reach out to us for further action and advise.

 


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