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Judgment
THIS revision is filed by the original O.P. No. 2 in the complaint against the order dated 20th July, 2001 of the District Forum, Ahmednagar passed in execution application No. 15/2000.
IT is to be stated that the respondent No. 1 is the original complainant and his complaint has been decreed by the District Forum on 3rd January, 2000. By the said order both the O.Ps. including the applicant herein who is O.P. No. 2 have been jointly and severely ordered to pay the amounts as mentioned in the order in question. As there was failure, complainant took out an execution application. The District Forum issued process under Section 27 of Consumer Protection Act, 1986 against both the O.Ps. including the applicant herein. As far as O.P. No. 1-respondent No. 2 herein is concerned the District Forum ordered fine of Rs. 5,000/- and on failure to pay fine sentence of 15 days. As far as O.P. No. 2 is concerned who is applicant herein the District Forum has adopted different standard in awarding the sentence. In that he was imposed fine of Rs. 2,000/- and sentence of 1 month.
The applicant herein original O.P. No. 2 approached us saying that the parties who are placed in a similar position being defaulters in compliance of the order of the District Forum, the District Forum cannot discriminate and pass two kinds of different sentences as done in the instant case. We may add when the application for interim stay was made the applicant herein the original O.P. No. 2 was directed to deposit a sum of Rs. 5,000/- with District Forum, Ahmednagar which we have told the same was deposited with the District Forum and we are shown the receipt evidencing the deposit with the District Forum. Since the applicant-original O.P. No. 2 who has deposited Rs. 5,000/-, we modify the order of the District Forum dated 20th July, 2001 as under : ORDER 1. The revision is partially allowed as under : (i) The order as far as present applicant-original O.P. 2 is concerned as passed by the District Forum stands modified that original O.P. No. 2-applicant herein is also fined and ordered to pay Rs. 5,000/- in place of Rs. 2,000/-. (ii) Sentence of 1 month imposed stands set aside. (iii) We record that the applicant has already deposited the amount of fine with the District Forum, Ahmednagar. (iv) The revision herein stands disposed of.
Revision Application partly allowed.