Consumer Court Order: What If the Opposite Party Delays Picking Up the Order Copy?

avaya_cool
As I receive a consumer court order in my favor, in which the magistrate mentions that the opposite party has to pay me the following things after 30 days from the receipt of the order copy. Is it possible that the opposite party will not take the order copy for a long time? And if they do take it, what are the next steps they can take?
rajeshranjan2k
In the case of a consumer court order, the court itself sends a copy of the order to the parties, so there is no need for the parties to apply for copies. The next step for the aggrieved party is to appeal to a higher court, such as the state commission or national commission, as the case may be.

Thank you.
avaya_cool
If they appeal in the High Court, then I will receive the notice for that. If they fail to do so in the High Court, then they will be required to pay me the money at that time.
rajeshranjan2k
Appeal does not lie to the High Court. An appeal can be filed in the state commission, which is a higher court than the consumer forum. It is not necessary that if they fail in the appeal before the state commission, they will pay you there itself. However, if they prefer to appeal, as per the Consumer Act, they have to deposit 25000/- or 50% of the awarded amount, whichever is less, before the state commission. This amount can be easily obtained if they fail in the appeal. If any additional amount is required to be paid beyond that, and they do not pay, then you have to approach the consumer forum again for the recovery of the said amount by way of an execution application.
PRASIDDH
Rejesh is correct. An execution application can be filed by you only after the expiration of the appeal period. Anyway, now you can only wait for the notice issued by the appellate authority.

Thanks and regards.
avaya_cool
Thanks, Mr. Rajesh and Mr. Prasiddh, but Mr. Rajesh, I didn't get you. If they want to appeal in the state commission, what do they have to deposit? In my case, they have to pay me $18,000 and $10,000 to the Consumer Forum Trust, making the total around $28,000 for them to pay as per my case order. Then tell me exactly what will happen if they appeal to the state commission - how much money they have to spend on the appeal, etc.

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