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Judgment
This appeal has been filed by Marathon Realty Ltd. & 2 Ors. against the order dated 22.07.2016 passed in MA/15/415 in CC No.CC/15/207 by the State Consumer Disputes Redressal Commission, Mumbai, Maharashtra, (in short 'the State Commission'). The order dated 22.07.20016 reads as follows:-
"Advocate Shri. Nagraj Haskari present for applicant. Moved exemption application of complainant. Statement is made u/s 200 Cr.P.C. Issue summons to the respondent u/s 27 of C.P. Act, 1986 through concerned police station. Adjourned to 28/9/2016.
In compliance of this orders, the summons dated 12.09.2016 were issued as follows:-
"As per order passed by Hon'ble State Commission on 22.07.2016, the State Commission has prima-facie of the view that you have committed an offence u/s 27(1) of the Consumer Protection Act, 1986 and have taken cognizance u/s 190 of Code of Civil Procedure and directed to issue process.
Therefore, whereas your attendance is necessary to answer to the charges mentioned in the M.A/15/415 in C.C.No.15/207 filed by the applicant for not complying order dated 15/05/2015 passed by this Commission in C.C.No.15/207, you are hereby required to appear in person or by pleader before the Bench No.1 of State Consumer Disputes Redressal Commission, Maharashtra, Mumbai at the above address on 28th Sept., 2016 at 10.30 p.m. Herein fail not."'
The order dated 15.05.2015 passed in interim Relief Application by the State Commission is as follows:-
".......Therefore, without going into the merit of the matter, it is necessary to direct the opponents to maintain the state of affairs as on today in respect of additional construction as being depicted in the photographs marked 'A' taken on record filed by the complainants or photograph, if tendered by the opponents by tomorrow upto 12.00 p.m. to be taken on record marked 'B', till the Interim Relief Application is decide on merits. Adjourned for orders on Interim Relief application till 16/05/2015."
The learned counsel for the appellant stated that the State Commission erred in passing the impugned order and issuing impugned summons as the final order passed by the State Commission on the said complaint i.e. the order dated 10.02.2016 into which the said order dated 15.05.2015 has merged, has been stayed by this Commission vide its order dated 09.03.2016 passed in First Appeal No.205 of 2016. Therefore, the said order never attained finality and that the proceedings u/s 27 of the Act was not maintainable in law.
The learned counsel for the respondents, stated that the order dated 15.05.2015 passed by the State Commission was an independent order and it has not been modified in the final order dated 10.02.2016 passed by the State Commission in CC 15/207.
I have carefully perused the record and find merit in the appeal as the complaint No.15/207 has now been finally disposed of by the order dated 10.02.2016. All the interim orders passed in the complaint stand merged in the final order passed in the complaint. Therefore, order, dated 15.05.2015 has already merged with the final order dated 10.02.2016 and the order dated 15.05.2015 does not have any independent existence now. Moreover, the final order dated 10.02.2016 has been stayed vide order dated 09.03.2016 by this Commission in FA No.205 of 2016. It is also to be noted that this Commission has further passed a status quo order dated 19.03.2018 which takes care of the concerns of the respondents till disposal of the main cross Appeals no.205 of 2016 and 530 of 2016 filed against the final order dated 10.02.2016 passed by the State Commission in CC 15/207.
Therefore, the summons issued on 12.09.2016 against Marathon Realty Ltd. & 2 Ors. have become infructuous. Accordingly, the appeal is allowed and the impugned order dated 22.07.2016 and summons are set aside.