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Judgment
This appeal (execution) has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 05.11.2019 of the State Commission in E.A. No. 77 of 2019.
On 16.09.2022, the previous date of hearing, the appellant in person had requested for an adjournment to research the brief. The case was adjourned to 14.11.2022, i.e. today, to be listed at the top of the cause-list. But today no one appears for the appellant.
A reading of the impugned Order dated 05.11.2019 of the State Commission shows that it has been passed in execution proceeding (in Execution Application No. 77 of 2019). And a reading of the memorandum of appeal shows that appeal has been filed before this Commission under Section 19 of the Act 1986.
Section 19 of the Act 1986 is in relation to adjudication of a ‘complaint’. Execution proceedings under Section 25(3) or Section 27(1) of the Act 1986 are distinctively different from adjudication of a ‘complaint’, they are separate independent proceedings. Appeal under Section 19 lies against an Order passed under Section 17(a)(i), it does not lie against an Order passed in execution proceedings under Section 25(3) or Section 27(1).
The appeal stands dismissed as not maintainable.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.