CONSUMER EXECUTION 2
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM AT COIMBATORE
Application No : ______ of 2008 in Complaint No : _______
Applicant/Complainant
Versus
Respondents/Non-applicants
Application Under Section 25 and 27 of the Consumer Protection Act 1986
Respectfully Sheweth :-
1. That the applicant hereinabove has filed a complaint No. ____, which your honour were pleased to decide on _____ [Annexure C-1] with the following directions to the respondents :-
"As a result of the above, we accordingly order to the OPs to refund the amount as mentioned in para 3 (column 4) of the order with interest at the rate of 12% per annum with effect from the date as shown in column 5 (para 3) of the order supra till the final payment is made. The litigation cost is assessed at Rs. 500/- each. These payments are made by the OPs finance company within a period of sixty days from the date of receipt of copy of this order. A copy of this order be placed on each consolidated file. The file after due completion and after supplying the copy of this order to the parties free of costs, be consigned to record room."
2. That it is apparent from the above orders passed by this Hon'ble Forum that the order was comprehensive, unambiguous and clear in directing the respondents to comply with the same within ____ days.
3. That the said orders of this Hon'ble Forum were duly served on the respondents by the complainant and the complainant asked the contemnors to make the payment on various occasions thereafter. The contemnors have straightaway refused to make the payment stating that they will make payments of only those persons who have not filed cases in the court. _____ 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 it is apparent from the material placed on record that no iota of doubt is left regarding the contemnors having scant regard and utter disregard to the sacrosanct orders of this Hon'ble forum, and the contemnors are prima facie guilty of the contempt of the court for having deliberately and willfully disobeyed the orders of this Hon'ble forum and they deserve to be dealt with and punished severely in accordance with the law as by their such unbecoming act they have tended to lower the authority of this Hon'ble forum and tended to interfere with the due process of the judicial proceedings and administration of justice as their this conduct may make execution of order infructuous. Their such conduct is manifest of their malafide intentions throughout.
7. 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.
8. It is, therefore, most respectfully prayed that this Hon'ble forum may be pleased to grant the following reliefs/pass the following orders :-
(a) That the contemnors/respondents be severely dealt with and punished in accordance with the law for having willfully, deliberately and intentionally not complied with the orders of this Hon'ble forum, thereby lowering the dignity of this Hon'ble forum;
(b) The execution proceedings be initiated for execution of the above orders of this Hon'ble forum;
(c) The respondents/contemnors be burdened with extra heavy costs;
(d) Such other orders may also be passed in favour of the complainant as deemed fit and proper by this Hon'ble forum in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY
COIMBATORE Applicant
______ Through, Advocate
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM AT COIMBATORE
Application No : ______ of 2008 in Complaint No :______
Applicant/Complainant
Versus
Respondents/Non-applicants
Affidavit in support of Application under Section 25 and 27 of the Consumer Protection Act
I,______, do hereby solemnly affirm and declare as under :-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 8 of the accompanying application are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.
Affirmed at Coimbatore this the ______.
Deponent
