Introduction
When a Consumer Commission passes an order and the Opposite Party fails to comply, you have the right to file an Execution Application (EA) to enforce the order. This article explains the complete procedure.
Legal Basis
Section 72 of the Consumer Protection Act, 2019 provides that if any person fails to comply with a final order, they shall be punishable with imprisonment not less than one month (which may extend to three years) or with fine not less than Rs. 25,000 (which may extend to Rs. 1,00,000), or both.
When Can You File an Execution Application?
- The Consumer Commission has passed a final order
- 30 days have passed since the order
- The Opposite Party has not complied with the order
- No stay has been granted by a higher court
Step-by-Step Filing Procedure
Step 1: Obtain Certified Copy of Final Order
Get the certified copy from the Registry or from the e-Jagriti portal.
Step 2: Send Notice to Opposite Party
Send a notice to the Opposite Party demanding compliance within a specific time period.
Step 3: Login to e-Jagriti and File EA
Visit e-jagriti.gov.in — Login — Find your case — File Execution Application.
Step 4: Describe Non-Compliance
Clearly state how and when the Opposite Party failed to comply. Mention specific dates and evidence of non-compliance.
Step 5: Upload Documents and Submit
- Certified copy of the final order
- Notice sent to Opposite Party
- Evidence of non-compliance
Important Points
- The Execution Application must be filed before the same commission that passed the order
- Non-compliance can lead to imprisonment and heavy fines for the Opposite Party
- If the Opposite Party has filed an appeal, the EA may be stayed pending the appeal