Tribunals and CommissionsSingle Bench(2024) 01 NCDRC CK 0074

Prathamesh Telang vs Irfan Bukhari

National Consumer Disputes Redressal Commission · Decided on 17 January 2024

HON’BLE JUDGES
Avm J. Rajendra, Avsm Vsm (Retd.), Presiding Member
RESULT
Dismissed
CASE NUMBER
Revision Petition No. 873 Of 2018

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Judgment

4 paragraphs · 188 words

Avm J. Rajendra, Avsm Vsm (Retd.), Presiding Member

1.

The present Revision Petition has been filed against the order dated 09.02.2018 passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (‘the State Commission’) in Appeal No. FA - 2017/894 arising out of the order dated 08.11.2017 passed by the District Consumer Disputes Redressal Commission, Durg in Execution Case No.16/2015. This is not a case emanating out of any original consumer complaint filed.

2.

In view of the law laid down by the Hon’ble Supreme Court in Karnataka Housing Board Vs. K.A. Nagamani, AIR 2019 SC 2290 that the National Consumer Disputes Redressal Commission has no jurisdiction to entertain any Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 or which has now been replaced by Section 58(1)(b) of the Consumer Protection Act, 2019, which arises out of the Execution Proceedings, where the Consumer Complaint is not pending, the present Revision Petition is not maintainable and, therefore, cannot be entertained.

3.

Accordingly, the present Revision Petition is dismissed as not maintainable, leaving it open to the Petitioner to seek the appropriate remedy in accordance with the Law.