 Good evening, friends. Amongst us, we have Justice Paramjeet Singh Dhaliwal, former judge of High Court of Punjab and Haryana. And he's also the former president of the Punjab State Consumer Redressal Forum. Therefore, we thought that when we received requests from our close persons who are watching the YouTube channel of Beyond Law CLC, to the effect that it has always been heard that it's easy to get the decree, but to enjoy the fruits of that decree becomes difficult. And especially when the manner of execution and implementation is slightly different from that of the normal court decrees. We had requested Justice Dhaliwal to pitch in his vast experience on different aspects. And we would also request him that what are the subtle differences between the manner of execution of a civil court decree with the consumer court decree. And Justice Dhaliwal is also practicing in the Supreme Court of India and he's a designated senior. We wish him, like earlier we said, all the best for the new journey. So it is his third innings, first as a lawyer, then as a judge, no, rather fourth. Then third as a state consumer, and now fourth again as a lawyer. We'll also discuss later on what are the differences of the different innings which he has played and which is very close to his heart. But right now we'll make a request to him that we are all willing to share his knowledge. And on the popular demand since it's a topic of Pan India, we requested Justice Dhaliwal since he's well versed with Hindi, English and Punjabi. So let this session be in English so that people can understand Pan India. And thank you, sir, for accepting our invite. Over to you. Thank you very much. You are welcome. Good evening to everyone. Today we are dealing with the execution of decrees passed by the Connumer commissions earlier known as Connumer for us. Form may make any difference, but the purpose is how to execute the decrease. It is becoming very difficult to execute the decrease. There are two provisions under the old act. They were section 25, which is in criminal in nature and a civil in nature. And another one is section 27. Now the sections are section 71 and section 72. First of all, we will start with the section 71. 71 or whatever you think that we should start. Firstly, the issue whether both the section can be invoked simultaneously in a one complaint or in a separate complaints. This is purpose is execution. In my opinion, since the proceedings are both are altogether different. One is criminal in nature. Another is civil in nature. So it is always better to file individual executions under section 71 as well as 72. If we have a look at 71, section 71 specifically mentions that how the decrease to be enforced. Enforcement of orders of district commission, state commission and national commission. Every order made by the district commission shall be enforced by it in the same manner as it were made by the court in a civil suit. It means you will have to go by the procedure lay down under order 21. It is a little bit complicated. Earlier, it was only as areas of land revenue. It was more easy as compared to the present procedure. But since the procedure has been prescribed, so we will deal with it. So how we can expeditiously execute the orders, this is the issue. If we have a look at order 21, order 21 is a very lengthy order. It has 106 rules. Some of them have been omitted out of it, which are not relevant for our purposes. Only we will be dealing with the rules which are in majority of cases are relevant to the consumer commissions. Because different manner the procedure has been prescribed, if we go through the provisions of the act, actually order 21, take care of every situation, because it is a time consuming, but it take care of every situation on the basis of which the decree can be executed. As far as possible, you will be in a position to get it executed. First of all, order 21, I am referring to the order 21. I will start saying the rules. First of all, rule 10 says that application for execution is required to be filed. When we are looking into the execution, firstly we will have to take care of three situations. Generally, the decree passed by the consumer commissioners are either in the nature of money decree or in the nature of taking possession, handing over possession, or in the nature of cancellation, restoration, and direction for allotment, etc. Repair, etc. Whatever the situation depending upon the complaint, what is the nature of the complaint. When we have to go, firstly money decree, there is no issue. Money simply you can file an application. You can even make an oral application under rule 12. Rule 11 says there are two situations. One is where the decree is a money decree. A sub-rule 2 of this very rule says you can make a written application for that also. There is a prescribed permit and the particulars are mentioned and ultimately how you will enforce that. Then comes the possession matters. The possession matter is a little bit longer procedure when you are asked for the possession. That we will deal with individually everything. Then comes also with their direction for allotment, etc., and other directions for repair, etc., depending upon the nature of the complaint and the order passed by the commissions. First of all, when we deal with the money decree, money decree is a simple decree where you will have to simply move an application in writing for execution, mentioning the details and the order passed by the consumer commissions that we require to be executed. For that purpose, a notice is required to be given to the opposite party that such and such execution has been filed. The same has not been complied with and the order has become final up to the highest court of the country, including the National Commission. This is only done. Even if there is an order and no stay has been granted, still you can file such an application. The court will attach the various type of articles of the judgment that may be movable property, may be movable property which are not exempt from attachment. Since another issue which has become crucial here at this point is because of order 21 of the CPC has been only made applicable, can we take into consideration that the assumptions given under the CPC which cannot be attached are to be taken care or not. This is another issue. So far, there is no judgment in this regard. Since only the limited provisions of order 21 have been ordered to be mentioned to be executed, so the exemption issue cannot be invoked, prima fide, if we are looking into that. So everything can be taken care of because this may be the reason. The reason for this may be the reason that it is a benevolent enactment which is to help the consumers. Consumers are already sufferers and such like situation, they should be compensated at the maximum in every possible manner. This is my opinion regarding this and I saw that it will also be followed by the various commissions as and when the issue rises ultimately we decided by the highest court of the country in this regard. Now we come to the projection issues. Decree for immovable properties, say then when the plot is allotted, this projection is not delivered, then we will have to follow the procedure prescribed under the CPC. Specifically rule 35 of the CPC specifies about the decree for removal properties, then you will have to follow that. For following an enforcement of that, you can make an application and give the details of the property of judgment data. In addition to the property in question, other properties can also be attached for the purpose of enforcement, particularly the property which is an issue that can always be attached and the enforcement of that order, other attachments can also be done because it is said that the civil court decrees mostly a waste paper in our country when we get it because its execution becomes very difficult. In this situation, what is required to be done by the commissions that they should take a view that the sufferer is the consumer. Our possible methods should be applied for that, suppose what happens. During the pendency of the complaint, what the people do, they sell their property. The builders allot that plot to someone else, third party rights are created in that situation. If the rights have been created subsequent to the filing of a complaint, then the prime upside is clear that to avoid the fruits of decree or to cause undue harassment to the consumer, such things are done. Then court can take a notice of that and can pass the order to defraud the credit. Such situation has been created and the third party may also be given because when the list is pending, then in that situation that property has been sold to other persons that can also be taken care and appropriate order be passed. Suppose a builder has allotted the plot which was allotted to do, a decree is passed with that plot. At the situation, then third party already there may have constructed. In that situation, it becomes many a time difficult. For that person, alternative method can also be applied. The board builder can be enforced to compensate the person and allot the plot of equivalent size in the same very area because another type of another method they use when you have allotted a plot, they change the zoning plan. Resulting into that your plot is nowhere in existence. If actual place which was allotted, it has become a passage or something commonplace, etc. In that situation, the power of the commission is not less. When we look into the order 21, all the provision there are everything is mentioned in that situation what they can do. They can enforce that by applying the various provisions, attaching the properties and other properties and even issuing the direction to the person who has created a third party. Third party can go against the file case against the judgment data who had allotted this property for the said purposes. When we are attaching the property, then question of release also. Firstly, the issue of with regard to the satisfaction of degree. Satisfaction of degree is very important. This is the main issue which is the crux of the act and the spit for that is also to that effect. If we are not in a position, can we have the alternative compensation in any other form? Because law is well settled, that court cannot go beyond the decree. That is only possible if we consider that the parties are compromising on that issue. Otherwise, the only option is to enforce the builders and the other party who is a judgment data to show that you are not having any other property. Any other property relating to including his office can be attached as a compensation and additional properties can also be done so that justice may be done to the consumers. This is what I feel about this. If that is not possible, then alternative issue can be how to recover the amount if you are not in a position to get the plot in question. Then the property can be sold of the judgment data, maybe other vacant plots and others compensation can be done. Rule 64, 65, 66 and 77 are there and decree can be passed for that purpose. Even person can be given possession of the property and the auction sale. Sometime this happened that when judgment data is so powerful, no one is ready to buy that property. Even the decree holder has a power to participate in that auction if no one is coming. Then he will have to move an application before the commission to seek permission that that no one is coming. Already three, four times seven made, so he may be permitted to get the property participate in the auction and purchase the property. Then the question arises, can the amount already paid be registered in such a part? Yes, certainly. The person can say that I am participating and permission can be granted that whatever he has value of the property, say the value comes at the end of three crore, two crore, 50 crore, whatever depending upon the jurisdiction of the four of, say this district commission is less than 50 lakh. If the value of the property which is sold for the purpose is only 20 lakhs, other properties are also to be sold, then this situation is to be just to enforce that order and in various situations, this can be covered, two or three other properties can also be sold to compensate the consumer so that he may get the equivalent value for which an order has been passed. First and the foremost thing should be as far as possible, the order should be implemented as has been passed by the district commissions, state commissions or the national commission and ultimately upheld by this Supreme Court. Then this is almost the simplified procedure which I have discussed about the execution under order under section 71 of the Consumer Protection Act that is the CPC is applicable for that. Instead of I may continue to say that it will be better we can interact with all the participants so that everything which may not be in my mind we can explain to them when we will look into this. Now comes to the section 72. 72 is with regard to the earlier, it is about 27, with regard to the criminal proceedings. Criminal proceedings so far as criminal proceedings are concerned, though the punishment provided is three year plus fine and etc, the minimum sentence has also been provided. Otherwise the law is when the sentence is more than two years then the procedure to be followed is a warrant case. However, these proceedings being a summary in nature the Supreme Court has said that in such a situation you will have to file the procedure of a summons case. When you are looking into the summons case then you will have to look into the various provisions as provided in the CPC. You have to firstly go to the, you will have to file an application under the section 71 or 72 of the consumer commission CP Act before the concerned court which has passed. It is, it needs to be noticed here that all the applications for execution are required to be filed whether civil whether criminal in the trial court means the initial court which passed not the court where we can straight away go to these national commission or the state commission because execution is to be executed by a court which originally passed because all orders are merged into that. This is required to be taken care. When the summons case is concerned then we will have to look into section 21 of the CPC, 251 of the CRPC which specifies that notice of acquisition is to be given to the accused. If a accused come he may ask for bail. He may admit this if he is admitting that he is not in a position to execute the decree and he has not been able to do and not in a position to that and admit that fact then conviction can be ordered under section 252 because the guilt is accepted. Section 253 said well petty matters this order can also be passed conviction order can be passed. If the person says that he is not accepting and the magistrate is not passing the order all the commissions have been specifically empowered as a judicial magistrate first class under the act it has been provided specifically section 72. In that situation the magistrate will follow the procedure as prescribed under section 254 of the CRPC. The ingredient basic which I would like to tell the magistrate do not convict under section 252 or 253 then procedure is that he will say that this is the prosecution. Prosecution should be produced is evidence whatever evidence is possible whatever evidence is that for the evidence available in this case is the only the decree of the commission that is to be produced if it is up to final any variation whatever is the last degree by the appellate court, revisional court or the supreme court that is to be executed that order is to be passed and the ultimately will be that evidence then opportunity is also to be given to the accused what evidence you want to leave there after evaluating the entire evidence and the appropriate order of conviction is to be part with there is a minimum strength of one minimum sentence has also been prescribed and minimum fine has also been prescribed now it can be both. So when there is a minimum sentence and minimum fine is prescribed in that situation that learned magistrate that is the commission which is exercising the power of judicial register first class they can only pass minimum sentence order and they have no power to reduce the sentence is up to three three years that can maximum dose can also be given by recording a reason if there are single instance of two more many instances then situation is different if there is a single instance of violence then the sentence can be one year maybe few months six months or lesser than that not less than one but if the situation is that so many people are sufferer so many from such a builder and is not complying the orders and the sufferers are there then in that situation we can record the commission can record a reason and full dose can be then then when awarding the sentence commission can also mention whether it should be run concurrently or concurrently in my opinion and I have done also under section 27 at that point of time a person was involved in so many cases so many execution I have to write this specifically that there are almost 100 cases pending against him and the orders are not being implemented and this is large scale fraud committed against the consumers then in such a situation the sentence will be run conjunctively not concurrently otherwise if you are three four twenty cases and we are saying concurrently then he will complete within three years or within one year everything in such a situation the court should take the harsh provisions for this purpose so that the judgment letters may have a lesson of that once such orders are passed and the other builders and the judgment letter also learn from this and do the try to settle this this is this is the ultimately order is to be passed by the learned magistrate after considering and evaluating the evidence of the prosecution as well as the accused Mr. Vikas I think now we can discuss the problem which are being faced by the the procedure I have already explained sir my question in this regard my video is not coming I am only on audio why are you not showing your face to the everyone no my lord my camera is faulty that is why I am you are having a white belly which a technique technician in the technical person and it opening after a long time camera that is why it is not working regarding the limitation for execution what is the prescribed period for limitation for executing a decree or a word fast by the because sometimes the builder went abroad and he comes after five years so the property no doubt is here but we can execute against section 72 or currently clarify on this regard yes so far I the decrees are concerned there is a no specific provision under the consumer act which may impose limitation the only provision for limitation purposes is with regard to the appeals and the filing of complaints when we look into the execution when we are going by order 21 then the period 12 years period of 12 years is not lost if the person is not coming the period of 12 years commends when all the orders merge into it that is that is the from the date of finally final order the 12 years are to be calculated suppose district commission passed an order on 1st of January 2021 and no appeal is filed then the limitation will be 12 years from that purpose here we can all the court can also look into the circumstances and give the benefit to the decree holder that they had earlier filed but they same could not be enforced that field can also be taken care for that purpose so far I the criminal law is concerned when you look into the provisions there is specifically filed where only sentences provided where is the but the period is mentioned where in sentences three years where the sentences only five more fine than six months and more that you will have to follow according to that please thanks you that we should call just a dhaliwal for a few of the queries for execution please yeah only I'm I'm just let the other ask some question then I will but this is Ajit Sehwani he says in many cases persons slash builders is not traceable or absconding what is the remedy in that case the in such a situation the when the builder is not traceable say he has gone he is hiding so far I the criminal proceedings are current he can be declared as a proclaimed offender after the declaration and his properties can be attached as per the provisions in the CRPC this is not the only property other properties can of that person can also be attached personal and other properties secondly an FIR under section 174 capital A can also be listed against and and the additional FIR since that person has been declared as a proclaimed offender this is for that purpose so far as the other medis are concerned you can in the absence of the it is not necessary that judgment that should appear if he is not again then you can make any publication so far as civil proceedings are concerned ultimately you can proceed with the property those properties can be sold to compensate till the decree is satisfied hello Mr. Zikas any any other any other clarification required yes sir I am coming with that yes he says that once the decree has become final how do you come to know that the party has not filed an appeal and how do you execute it when the decree has become final you can file you can file always execution as and when the party will come they can show that there is a stay and they they have already filed an appeal there is a no automatic stay on filing the appeal if merely filing an appeal does not mean that your execution is to be stopped Ajit Sejwani says how can a decree holder get details of the list of properties movable or movable belonging to the person against the order has been passed the this is this is a very difficult question it is the duty of the decree holder that they should find out the properties of the person there are two type of properties one is of a firm one of is of an individual you can find out both the properties of the as a individual being a partner of that firm or the properties of the firm there is a specific procedure provided under the CPC order 21 with regard to the firms I I think there is a specific section for that also where this these properties can be sold of that firm and when you are going into this you can find go to the concerned authorities that is the RERA where it is registered where is the Puda Puda where whatever is the statutory authority which grant permission you can go to the town and country planning they will give the furnish the details which have granted you the property permission to the concerned builder and promoters she says that once there is a appeal pending before the RERA is the jurisdiction of the consumer forum ousted no they are section earlier it was section three now section 100 this is a independent jurisdiction does not means that you cannot invoke the jurisdiction that that question has already been decided and settled both are sampled you can continue with that this is a additional remedy not in derogation of the any other law for the time being in force the execution proceedings sir when the complaint was filed the name of the shop was something and then the execution so when the execution notice was issued the person the proprietor changes the name of the shop so the notice during the execution was written proprietary say it is a proprietor concern just a simple shop yes yes yes yes in that case alright you complete your question yes yeah so in that case when you file the suppose when you when you file the execution petition whether if you come you know the new shop name is the world shop name is changed then the new shop name we can mention in the cost cycle yes yes you can certainly mention that the when decree was passed it was say Ram Singh and sons okay subsequently you can mention that now he has changed to avoid the fruits of decree you can mention it that the person is one and the same person rather being a sole proprietorship this is the individual by name you can mention that also okay in that case suppose under 71 it's a civil proceedings suppose whether the consumer commission has the power to serve the someone through a SHO of that area no no that is not there that can be only served through the collector of the concern okay special special special processor can be arranged yes can quote there is a power also that they can send to the other courts for execution of that say the other commissions also within say when there is a issue with regard to the state interstate issue is rises then with the permission of the national commission then in the case of company when the execution petition is filed whether suppose Xiaomi technology limited when the CC is filed I represent that by MD but when you file the execution petition whether it is necessary to put the name of the MD yes now this there is a judgment regard this of the Supreme Court and also in this regard this Supreme Court says if you want to enforce ultimately against the individual ultimately against the member then you must mention the name of the persons that are directors of the company who are the actual principal persons who are actually performing the duties who are the sleeping which are the parties which every director is responsible for the X of the principal or who are performing the managing director which is authorized to do that you mean this is the best thing I have been always suggesting that you must mention the name of director at least those who are issuing text and other things who are receiving and who are otherwise performing the function of the company it's a new information thank you sir because the consumer commission the court office is insisting only whatever cost title as in the CC judgment that only they are insisting yes that you should add at this stage of there is a judgment of Justice Juju Lalit they say that now another judgment has come which say that you can subsequently add also for enforcement purposes otherwise there should be the functioning citation I will give you I will give you the details of that citation I have made many of the judgments you can get this must be 2018 or 2019 judgment anyway sir and one more point sir in the in the new act section 34 34 come to 34 yes 34 2d 34 2d the 2d it say the complaining resides are personally works for healing suppose for example when the cause of action actually arises I was in Bombay let us say it's in immobile property matter and after sometime but I was not filing any case but I have time period of two years okay now subsequently I shifted to Kerala or Kerala some other place now when I shifted out of that Maharashtra to other state whether I whether I can use this section sir to file yes yes definitely now say where the complainant resides suppose when you purchase the property you are a employee there okay and you are subsequently transferred to Chennai yes then you can file in complaint because the word uses the complainant resides or personally works for gains yes because this is a new section added now in the world section yes yes yes another question which I want to explain which is very important now even the national commission has given judgment when you are challenging the terms of a contract being unfair as defined in the act and the definition in that situation you can file this your complaint in the state commission or the national commission depending upon the value of the property so far as the state commission is concerned you can file from 1 rupee up to the 50 lakhs 2 crore now it has been earlier it was more now it has been reduced to 2 crore and if more than 2 crore then you can straight away file in the national commission also this is this is also an additional provision because you will have not to go to the any other four hours you cannot go suppose you are challenging the terms of the contract being unfair district commission has no jurisdiction this commission this jurisdiction is only vested in the national commission and the state commission any other question yes sir two questions have come regarding the section 65 b which we are not taking one is again an partnership yeah we are not taking this is this is by Narayan Pranjpey it says yes sir for getting the deposit stuck in a cooperative society is the complaint before the consumer result forum that is maintainable maintainable and what is the interplay of consumer protection act because of the cooperative act the interplay I have already explained this is additional remedy when the remedies are not stopped by the cooperative act of the concerned state for that purpose you are having additional remedy intersection 100 of the act consumer protection act this is not a simple remedy that you are stopped from availing the remedies under the these the admins are there for that effect yes when he says whether not giving deposits to depositor comes under the preview of shortfall and service that is the efficiency in service the efficiency when I am depositing money and they are not giving to me then this is a conumer complaint and a conumer dispute also had defined in the act and what is the relationship of a depositor and a board of directors in a cooperative society can action be taken against board of directors if the money is not being paid yes board of directors only the managing director who are performing the function of that managing committee of the that managing board of that cooperative society action can be taken against them these were the questions we are too happy that people are responding very well on the youtube regarding your insights and that's why we have taken a lot of questions from the youtube because people are watching more on the youtube so we are here for answering the question my knowledge is concerned no no we all know we have seen you as a lawyer as a judge that you go deep into the deeper times of knowledge and we all get inspiration thank you everyone thank you just as hallival for sharing his knowledge we are all too happy for getting insights on a weekend thank you stay safe stay blessed nishkar nishkar any anyone i can give my number you can give my number also no issue