BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM AT
…………………..
Application
No : ______ of 20…………….in Complaint No : _______
………………………………………………………………………………..Applicant/Complainant
Versus
…………………………………………………………………………………Respondents/Non-applicants
Application
Under Section 25 and 27 of the Consumer Protection Act 1986
Respectfully ………………-
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 :-
2. "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."
3. 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.
4. .
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.
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
t is, therefore, most respectfully prayed that
this Hon'ble forum may be pleased to grant the following reliefs/pass the
following orders :-
9
(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
……………………………….. Applicant
______ Through, Advocate
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM
AT ……………………….
Application No :
______ 20……… 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 …………….. this the ______.
Deponent
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