Legal Question in Consumer Law in India

Sir/Madam... we have won a case in consumer forum.the opposite party had paid half of the amount in state commission when we appealed for enhancement of amount.The state forum again given the same judgement without enhancement. .Now we sent affidavit to the state commission to draw the amount that paid by the opposite party in state commission. .our advocate told us it takes 3 months to get the amount from the state commission.Does it actually takes that time?we heard from other source that it just take 15 days .....what is correct sir?please give me the procedure regarding the cheque petition.Thanking you in advance


Asked on 10/01/13, 4:11 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.10.2013

Dear Sir / Madam,

The amount deposited by the opposite party with the State Commission has to be given to you within 15 days of your claim. There is no petition for cheque and you are being misguided by your Advocate. Please keep your Advocate aside, and personally go and meet the State Commission Authorities handing over your letter and judgement copy, and pick up your cheque. Further, based on the strength of the judgement, persuade the State Commission to request the opposite party to immediately pay the balance amount to you or the State Commission, and you should pick the balance cheque amount too within 15 days from the State Commission. If the State Commission fails to pay your money within 15 days, lodge your grievance on www.pgportal.gov.in for action.

Regards,

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Answered on 10/01/13, 8:55 am


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