AI Structured Summary
Not yet generated for this judgment
Judgment
R.K. Agrawal, President Member
The Registry is directed to give defective Revision Petition number to this case.
Mr. Prakashmal Purohit has approached this Commission by filing the First Appeal under Section 51(1) of the Consumer Protection Act, 2019 against the Order dated 15.02.2023 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as “the State Commission”) in Revision No. RP/21/02 filed by the New India Assurance Co. Ltd. against the present Appellant and DMK Jaoli Sahakari Bank Ltd. The Revision Petition was filed against the Order dated 26.09.2019 passed by the District Consumer Disputes Redressal Commission, Mumbai Suburban District (hereinafter referred to as “the District Commission”) in Execution Application No.72 of 2014. The State Commission by the impugned Order had partly allowed the Revision Petition preferred by the New India Assurance Company Ltd. Even though, the New India Assurance Company Ltd. has filed the Revision Petition before the State Commission against the Order passed by the District Commission in Execution Petition, it should be treated as an Appeal.
In view of the law laid down by the Hon’ble Supreme Court in the Case of Karnataka Housing Board Vs. K.A. Nagamani, AIR 2019 SC 2290, this Commission has no power to exercise its Revisional Jurisdiction under Section 21(b) of the Consumer Protection Act, 1986, now replaced by Section 58(1)(b) of the Consumer Protection Act, 2019, as the Complaint Case is not pending.
In this view of the matter, the present Petition is dismissed as not maintainable, with liberty given to the Petitioner to take recourse to such remedy as is available under law.