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BIVAS PATTANAYAK
Amit Kumar Banerjee – Appellant
Versus
Balaram Nag – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This civil revisional application under Article 227 of the Constitution of India has been filed by the petitioner-complainant for quashing and/or setting aside the entire execution proceeding being EA 20 of 2018, arising out of complaint case being C.C. Case No. 137 of 2014, pending before the learned District Consumer Forum, Hooghly.
2. The brief fact of the case, in nutshell, is as follows:
(ii) Pursuant to such development agreement, the opposite party nos. 3, 4 & 5 also executed a registered power of attorney empowering the Developer Firm to carry out all incidental and esse
The court established the principle that an executable order can be enforced by the decree holder, and a judgment debtor can seek enforcement of the decree by way of execution.
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
Civil Court – As per the judgement of civil court, since the land pertaining to the building in which the complainants are having flats is excluded in, there is no impediment for the Opponents in exe....
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
1. EP Proceedings - The Execution Proceedings being separate proceedings and be filed under the Act which has been prevalent at the time of filing of the Execution Proceedings.2. Non Compliance of Or....
Appeal Execution – The impugned Order against which the present Appeal Execution has been filed cannot be termed to be an Order passed under Section 17 of the Consumer Protection Act, 1986 at all.
The JD Developer cannot evade responsibility for noncompliance due to force majeure claims when clear obligations exist under the settlement agreement.
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