If the Opposite Party is not executing the order passed by the Consumer forum in a reasonable time and not filed any appeal against the order, the Complainant can file Execution Petition to execute the order of Consumer forum under Section 25 and impose penalty under Section 27 of the Consumer Protection Act on Respondent for Non Compliance.
Sample Format of Affidavit for Execution Petition in District Consumer Forum:
BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM NEW DELHI
EXECUTION PETITION NO___ OF 20___
IN
COMPLAINT NO._____ OF 20__
IN THE MATTER OF:
____________ AND ANR COMPLAINANT/
PETITIONER
VERSUS
_______DEVELOPERS LTD & OTHERS
OPPOSITE PARTIES/ RESPONDENTS
AFFIDAVIT
I, __________________, Son of Shri. _______________, aged about __ years,
resident of ________________________________, New Delhi _____, do hereby
solemnly affirm and declare as under:
That I am one of the Complainants in the above matter and am well conversant
with the facts and circumstances of the above Complaint and competent to depose
the present Affidavit.
2. That this Hon'ble Forum passed order dated ____ in Original Complaint No____
dated ______ in favour of the Petitioner.
3. That the said orders of this Hon'ble Forum were duly served on the
respondents by this Hon'ble Forum. Legally the service of the above orders is
complete on the respondents.
4. That despite the orders of this Hon'ble forum having duly been served on and
brought to the notice of the respondents, the respondents have not complied with
the same within the specified period.
5. That the respondents have thus conducted themselves in the most reprehensible
manner showing scant regard to the orders of this Hon'ble Forum which conduct on
their part is palpably, manifestly and gravely contumacious and makes the
contemnors /respondents liable to be dealt with in accordance with the law and
punished severely for willfully, deliberately and intentionally flouting,
defying and disobeying the authority of this Hon'ble forum.
6. That the interest of justice demands that the contemnors/respondents are dealt with and punished severely in accordance with the law for their willful, deliberate and intentional disobedience of the orders of this Hon'ble forum. Otherwise, if the contemnors are let go Scott free the litigant will lose their confidence and faith in the judicial proceedings.
7. That I have read and understood the contents the above Complaint filed on my behalf and I state that the contents whereof are true and correct to my personal knowledge and the submissions made therein are true and correct to my knowledge on the basis of legal advise received and believed to be correct.
DEPONENT
VERIFICATION
I the Deponent above named do hereby verify that the contents of the above
Affidavit are true and correct to my personal knowledge and nothing material has
been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
DEPONENT
25. Enforcement of orders of the District Forum, the State Commission or the National Commission.
(1) Where an interim order made under this Act is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
27. Penalties
(1) Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both:
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court