AI Structured Summary
Not yet generated for this judgment
Judgment
This revision petition has been filed by the petitioner Anita against the order dated 20.2.2017 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short 'the State Commission') passed in FA No.A/15/463.
Brief facts relevant for disposal of the revision petition are that the petitioner/complainant filed a consumer complaint before the District Consumer Complaint Redressal Forum, Chandrapur, (in short 'the District Forum') being Complaint No.200 of 2009, which was allowed in favour of the complainant vide order dated 06.05.2010 of the District Forum. The complainant filed execution application bearing No.1/13 before the District Forum for execution of the order dated 06.05.2010 against the opposite party No.1/respondent. The District Forum vide its order dated 14.07.2015 passed the following order:-
"(1) The Registrar, District Consumer Dispute Redressal Forum shall calculate the amount recoverable from the non-applicant as per the order dated 06/05/2010 passed in Consumer Complaint No.200/2009 and after calculation the said amount be shown as arrears and recovery certificate to that effect be forwarded to District Collector, Chandrapur.
(2) The Collector is directed to search the immovable properties of non-applicant after receipt of the recovery certificate and take appropriate steps for recovery of the amount.
(3) The Collector is directed to recover the cost towards auction fee and administrative fees and cost of complaint Rs.5,000/- from the non-applicant.
(4) The copy of this Judgment also be furnished to District Collector, Chandrapur alongwith recovery certificate."
The respondent/opposite party No.1 preferred execution appeal bearing No.A/15/463 before the State Commission. The State Commission passed the following order on 20.02.2017:-
"The appeal bearing No.A/15/463 filed against order passed under Section 25 of Consumer Protection Act, 1986 in execution application bearing No.1/2013 is allowed. The impugned order passed in the said execution application No.1/2013 is set aside. It is made clear that the original complainant/respondent herein is not entitled to claim any more amount besides Rs.6,32,000/- which she actually received from appellant. The complainant can get back his vehicle in question from the appellant."
Hence the present revision.
Heard the learned counsel for the parties and perused the record. The order of the State Commission has been passed in execution appeal and revision petition has been filed under Section 21 of the Consumer Protection Act, 1986. The provision of revision petition is provided in Section 21(b) of the Consumer Protection Act, 1986. It is important to note that Hon'ble Supreme Court in Karnataka Housing Board Vs. K.A. Nagamani, Civil Appeal No.4631 of 2019, decided on 06.05.2019 has held the following:-15
"7.6. A Full Bench of the Patna High Court in Masomat Narmada Devi & Anr. v. Nandan Singh & Ors.,has similarly held that execution proceedings cannot be regarded as a continuation of the Suit. 7.7. We affirm the view taken by the Full Bench of the Andhra Pradesh High Court and Patna High Court. Execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit. Execution proceedings are separate and independent proceedings for execution of the decree. The merits of the claim or dispute, cannot be considered during execution proceedings. They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute.
7.8. There is no remedy provided under Section 21 to file a Revision Petition against an Order passed in appeal by the State Commission in execution proceedings. Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings.
7.9. In the present case, the National Commission committed a jurisdictional error by entertaining the Revision Petition16 u/S. 21(b) filed by the Appellant - Board against an appeal filed before the State Commission, in Execution proceedings."
On the basis of the above judgment of the Hon'ble Supreme Court, it is clear that the revision petition under Section 21(b) of the Consumer Protection Act, 1986 is not maintainable against the order passed by the State Commission in execution appeal. Accordingly, the present revision petition is not maintainable before this Commission. Consequently, revision petition No.686 of 2017 is dismissed.