Tribunals and CommissionsSingle Bench(2022) 05 NCDRC CK 0056

Divya Chari vs President, Madhuvana House Building Society Ltd

National Consumer Disputes Redressal Commission · Decided on 18 May 2022

HON’BLE JUDGES
R.K. Agrawal, President Member
RESULT
Dismissed
CASE NUMBER
Revision Petition No. 547 Of 2022

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Judgment

5 paragraphs · 214 words

R.K. Agrawal, Presiding Member

1.

Smt. Divya Chari, the Petitioner herein, has approached this Commission by filing a Revision Petition under Section 58(1)(b) of the Consumer Protection Act, 2019 (corresponding Section 21(b) of the Consumer Protection Act, 1986) against the Order dated 27.01.2022 passed by Karnataka State Consumer Disputes Redressal Commission, Bengaluru (Principal Bench) (hereinafter referred to as the State Commission), wherein Appeal No.780 of 2021 preferred by the Respondent herein, has been disposed of with certain directions. The Appeal preferred before the State Commission was filed under Section 73 of the Consumer Protection Act, 2019 against the Order dated 14.09.2021 passed by the District Consumer Disputes Redressal Commission, Mysuru in E.A. No. 193 of 2018.

2 . In view of the law laid down by Hon’ble Supreme Court in Karnataka Housing Board Vs. K.A. Nagamani, Civil Appeal No. 4631 of 2019 decided on 06.05.2019, a Revision Petition against the Order passed by the State Commission, arising out of the Execution Proceeding is not maintainable as the Consumer Complaint case is not pending.

3 . The present Revision Petition is, therefore, dismissed as not maintainable, leaving it open to the Petitioner to seek appropriate remedy in accordance with law.

The Registry is directed to give the number to the case as defective Revision Petition.