Affidavit for Execution Petition Under Section 25 and 27 of Consumer Protection Act

I, __________________, son of Shri _______________, aged about ___ years, residing at ___________________________________, New Delhi - _____, do hereby solemnly affirm and declare as follows:

1. That I am one of the complainants in the present matter and am fully acquainted with the facts and circumstances of the complaint, and I am competent to affirm this affidavit.
2. That this Hon'ble Forum passed an order dated ____________ in Original Complaint No. ________ dated ____________, in favour of the petitioner.
3. That the said orders issued by this Hon'ble Forum were duly served upon the respondents through this Hon'ble Forum, and the service of the orders stands legally complete upon the respondents.
4. That in spite of the orders having been duly served on and communicated to the respondents, they have failed and neglected to comply with the same within the time stipulated.
5. That the respondents, by their conduct, have demonstrated gross disregard for the authority of this Hon'ble Forum, and their actions amount to deliberate, wilful, and serious contempt, rendering them liable to be proceeded against in accordance with law and to be appropriately punished for defying, disobeying, and flouting the orders of this Hon'ble Forum.
6. That it is in the interest of justice that the contemnors/respondents be strictly dealt with and punished in accordance with law for their intentional and wilful disobedience. Permitting them to escape accountability will undermine the faith and confidence of litigants in the judicial process.
7. That I have read and understood the contents of the complaint filed on my behalf, and I declare that the statements made therein are true and correct to the best of my personal knowledge and that the submissions are true and correct based on legal advice received and believed by me to be accurate.

I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to personal knowledge, and nothing material has been concealed or misstated herein.

Verified at New Delhi on this ______________ day of __________, 20_______.

What is this Affidavit used for?

The complainant/petitioner files this affidavit in the Consumer Disputes Redressal Forum (District, State, or National) to put into effect a past order in their favour.

The Act:

Sections 25 and 27 of the Consumer Protection Act empower a consumer forum to:

• Order execution of its earlier judgement if the opposite party fails to comply.
• Impose penalties or fines for wilful disobedience.

When is it used?

• After the forum order: When the Consumer Forum adjudicates in favour of the consumer.
• Non-compliance by the respondent: When the opposite party fails to make, or unduly delays, such payment, service, or delivery.
• Execution Petition: The affidavit forms part of an execution petition to compel compliance.
• Contempt Proceedings: If non-fulfilment is wilful, then there will be punishment or contempt proceedings by the forum.

Important Concepts:

• Section 25 – Enforcement of orders via attachment, sale of property, or recovery through Collector.
• Section 27 – Annual reporting by Central Authority to Parliament.
• Service of Notice: Without the original order duly served, execution cannot proceed.
• Affidavit Role: Confirms that the deponent is aware of the facts, holds personal knowledge of the non-compliance, and seeks orders from the forum to execute the order.
• Penalties: Non-compliance results in payment of the amount ordered plus interest, financial penalties for wilful disobedience, and costs incurred in legal proceedings.

FAQs

1. What is an Execution Petition?

A petition to enforce a forum's order when the respondent fails to comply voluntarily.

2. Who can file it?

The complainant in whose favour the original order was passed.

3. Which forum handles it?

The same forum (District, State, or National Commission) that passed the original order.

4. Is an affidavit mandatory?

Yes, it provides personal verification and legal backing for enforcement.

5. What happens if the respondent pays after filing EP?

The petition can be withdrawn, but the forum may still impose a penalty if there was undue delay.

6. Can the respondent contest the petition?

Yes, they can file a reply explaining non-compliance or challenging the EP.

7. What penalties can be imposed?

Fines, payment of the ordered relief, and legal costs.

8. Can this lead to imprisonment?

For wilful disobedience, the forum may recommend contempt proceedings, which can lead to punitive action, including detention.

9. How long does it take?

Depends on forum workload; typically weeks to months.

10. Can legal representation help?

Yes, though not mandatory, a lawyer can speed up compliance and handle complexities.

11. Is this process online?

Some state commissions allow online filing; it is not uniform across India.

12. Does this apply to all types of consumer cases?

Yes, for any case where monetary compensation, goods, or services were ordered.

13. Do I need to provide proof of service of the original order?

Yes, proof of service is essential to show the respondent knew of the order.

14. Can multiple respondents be included?

Yes, all parties responsible for non-compliance can be named.

15. Does filing an EP incur additional fees?

Minimal filing fee compared to the original complaint.