LIQUIDATOR BHUDARGAD NAGARI PAT SANSTHA LTD vs PRATAP RAMRAO INGLE

-OPERATIVE portion of the order dated 12. 3. 2008 passed by the Consumer Disputes Redressal Commission Maharashtra State, Mumbai which is under challenge in this revision reads thus: "1. Revision petition allowed. 2. Liquidator is directed to distribute sum of Rs. 15 lakh amongst the secured and unsecured creditors of the Bhudargad Nagari Pat Sanstha Maryadit in ratio of 60:40% because the depositors, who have gone to the Consumer Forums have already spent some amount on litigation. Therefore, they are entitled to get 60%. 3. The Liquidator is directed to give priority to the claims put forth by the patient of cancer, heart ailment and renal failure. If this direction is contrary to the directions given by the Hon''ble Bombay High Court, the High Court directions shall prevail. 4. Misc. Appeal No. 1358/2007, which is for stay stands disposed of. 5. Copies of the order be furnished to the parties. "

SUBMISSION advanced by Mr. Jitender Uttarichand for the petitioner is that the liquidator has no objection to the implementing of the said order of State Commission but he apprehends that under the garb of this Order petitions may be filed for initiating proceedings under Section 27 of Consumer Protection Act, 1986 against him. Bare reading of Sub-section (1) of Section 27 would show that the penalty thereunder can be levied only against the trader or a person against whom the complaint was made or the complainant who fail or omit to comply with any order passed by the District Forum/state Commission/national Commission, as the case may be. Proceedings thus cannot be initiated against the liquidator as he is neither the trader nor a person against whom complaint was made nor the complainant against whom award which is sought to be enforced, was made. With this observation the revision petition is dismissed. Revision Petition dismissed.