Consumer Law | Updated 2019 Act

Affidavit for Execution of Consumer Commission Order under Sections 71 & 72

Updated specimen affidavit for enforcement of a Consumer Commission order under Section 71 of the Consumer Protection Act, 2019 and, where legally appropriate, proceedings concerning non-compliance under Section 72.

Contents

Current law under the Consumer Protection Act, 2019

The Consumer Protection Act, 1986 has been replaced by the Consumer Protection Act, 2019. The old references to Sections 25 and 27 of the 1986 Act should therefore not be used for a fresh execution proceeding governed by the current statute.

Section 71 - Enforcement of orders Every order of a District Commission, State Commission or the National Commission is enforceable in the same manner as a decree of a civil court. Order XXI of the Code of Civil Procedure, 1908 applies, as far as may be, with references to a "decree" treated as references to the Consumer Commission's order.
Section 72 - Penalty for non-compliance Failure to comply with an order of a District, State or National Commission may attract the penal consequences provided by Section 72. The provision prescribes imprisonment from one month up to three years, or fine from ₹25,000 up to ₹1,00,000, or both.
Updated terminology: the current statute uses District Commission, State Commission and National Commission, not the former "District Forum" terminology used under the 1986 Act.

Section 73 provides the statutory appeal mechanism against an order passed under Section 72. The appropriate remedy and procedure should therefore be chosen according to whether the applicant principally seeks enforcement of the monetary or other direction, penal action for non-compliance, or both as permitted by law.

Execution under Section 71 and penalty under Section 72 are distinct

An execution application ordinarily seeks implementation of the final or operative directions contained in the Consumer Commission's order. Depending on the order, this may involve payment, refund, interest, compensation, costs, delivery, replacement, corrective action or another enforceable direction.

Section 72 is penal in nature. Allegations of deliberate or wilful non-compliance should therefore be stated carefully and supported by the order, service/knowledge of the order, expiry of the time allowed for compliance, correspondence and other relevant material. Avoid unnecessary language such as describing the opposite party as a "contemnor" unless that terminology is legally appropriate in the proceeding actually filed.

Appeal or stay: before alleging default, verify whether the order has been appealed and whether any competent appellate forum has granted a stay, modification or other interim protection. Filing an appeal by itself should not be assumed to operate as a stay unless the applicable law or an order so provides.

Updated Affidavit for Execution Application

BEFORE THE DISTRICT / STATE / NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT __________________

EXECUTION APPLICATION NO. ________ OF 20____

IN

CONSUMER COMPLAINT / APPEAL NO. ________ OF 20____

IN THE MATTER OF:

______________________________DECREE HOLDER / APPLICANT

VERSUS

______________________________JUDGMENT DEBTOR / RESPONDENT

AFFIDAVIT IN SUPPORT OF EXECUTION APPLICATION UNDER SECTION 71 OF THE CONSUMER PROTECTION ACT, 2019

I,  , son/daughter/spouse of  , aged about   years, residing at  , the Applicant above named, do hereby solemnly affirm and state as follows:

1. I am the Applicant / authorized representative of the Applicant in the accompanying Execution Application and am fully acquainted with the facts and records of the matter. I am competent to swear this affidavit.

2. The Consumer Commission passed a final order dated   in Consumer Complaint / Appeal No.  , directing the Respondent, inter alia, to  .

3. A copy of the said order is filed with the Execution Application. The period granted for compliance expired on   / the order became executable in the circumstances stated in the accompanying application.

4. The Respondent has received / has knowledge of the order in the manner stated in paragraph ____ of the Execution Application. Relevant proof of service, communication, acknowledgement or other material is filed with the application.

5. Despite expiry of the time allowed for compliance, the Respondent has failed to comply fully with the following operative directions of the order:  .

6. As on  , an amount of ₹   remains due and payable to the Applicant, including such interest and costs as are recoverable under the order. A calculation statement, where applicable, is annexed.

7. To the best of my knowledge and as stated in the accompanying application, no stay of execution is presently operating against the relevant directions of the order / the position regarding any appeal or interim order is fully disclosed in paragraph ____ of the application.

8. The Applicant therefore seeks enforcement of the order under Section 71 of the Consumer Protection Act, 2019 in accordance with the applicable provisions of Order XXI of the Code of Civil Procedure, 1908, as far as applicable.

9. Where the accompanying application also invokes Section 72, the facts relied upon to establish non-compliance are specifically set out therein and the Applicant prays that the Commission may proceed in accordance with law.

10. The statements made in the accompanying Execution Application are true and correct to my knowledge and belief, except where specifically stated to be based on records or legal advice.

DEPONENT

VERIFICATION

I, the above-named deponent, verify that the contents of paragraphs 1 to ____ are true to my personal knowledge; paragraphs ____ to ____ are based on records and information believed by me to be true; and nothing material has been concealed therefrom.

Verified at __________________ on this ____ day of __________________, 20____.

DEPONENT

Note: Modify the title, party description, prayer and affidavit according to the Commission, nature of the original proceeding, operative directions, applicable execution procedure and current filing rules. Do not use "District Forum" for a proceeding under the 2019 Act.

Online filing through e-Jagriti

The Government's e-Jagriti platform is the current digital platform for Consumer Commissions. It supports filing and case tracking, and its Help Docs specifically include an Execution Application (EA) Case Filing workflow.

Sign in or register. Open the official e-Jagriti portal and complete the consumer/advocate profile if required.
Select Execution Application. Use the relevant case-filing option for an Execution Application linked to the original matter.
Enter case and order details. Verify the Commission, original case number, order date, parties and relief granted.
Upload documents. Upload the execution application, affidavit, order, proof of service/knowledge, calculation sheet and supporting records as applicable.
Submit and track. After filing, retain the filing/reference number and use e-Jagriti's case-history or case-status service for updates.

Documents commonly required

Depending on the Commission and the relief sought, an execution filing may require the execution application, supporting affidavit, certified/downloaded copy of the operative order, proof that the respondent received or had knowledge of the order, calculation of the amount due with interest if applicable, relevant correspondence demanding compliance, details of any appeal or stay order, authorization/vakalatnama where applicable and other documents required by the Commission or e-Jagriti filing workflow.