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N.KANNADASAN, GUNASEKARAN
S. H. Vijayavathi – Appellant
Versus
AB Anantha Padmanaban – Respondent


Advocates:
Counsel for the Parties:
For the Complainant: In person.
For the Opp. Parties:Mr. E. Balamurugan, Advocate.

ORDER

N. Kannadasan, President —In both the matters, a common question is involved as to the extent of right of decree holder to proceed as against the legal heirs of the judgment debtors.

2. Sections 25 and 27 are the provisions available in the Consumer Protection Act, which are in the nature of Execution Proceedings, towards the enforcement of the order of the District Forum, State Commission or the National Commission, as the case may be. Section 25 visualize the enforcement of such order by a civil process, as if they were a decree or order made by the Court of Law. Section 27 confers a quasi-criminal sanction in the enforcement of the orders by way of punishment with imprisonment or imposition of monetary penalties.

3. We have come across in many cases, the judgment debtors though they are in a position to pay the decretal amount, but still they delay the executions by filing frivolous objections. It is axiomatic that in India the real trouble of a litigant starts after he obtains a decree. The Legislature while enacting Consumer Protection Act was mindful of the delay that are caused by the judgment debtors at the time of execution. So it in its wisdom enacted Section 27, so
















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