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KARUNA NAND BAJPAYEE, SADHNA SHANKER
N. Muthappa Rai – Appellant
Versus
Aslam Carpets Pvt. Ltd. – Respondent
ORDER
These three Appeals (Executions) No. 84 of 2018, No. 85 of 2018 and No. 86 of 2018 have been filed under section 27A of The Consumer Protection Act, 1986 in challenge to a common impugned Order dated 27.02.2018 passed by the State Commission in I.A. under Order 21 Rule 97 of the Code of Civil Procedures (CPC) moved during the course of the E.A.s (Execution Applications) No. 06 of 2014, No. 07 of 2014 and No. 08 of 2014 arising out of three separate Orders dated 24.05.2012 passed in Consumer Complaints No. 223 of 2010, No. 224 of 2010 and No. 225 of 2010.
2. It appears that three(3) separate complaints No. 223 of 2010, No. 224 of 2010 and No. 225 of 2010 were filed by the complainant-M/s. Aslam Carpets Pvt. Ltd. before the
State Commission which were allowed vide its separate three Orders dated 24.05.2012 wherein the opposite parties were directed to deliver the possession and execute the
registered sale deed in respect of schedule immovable property in favour of the complainant within eight weeks from the date of
receipt of the Order along with the cost of proceedings of the complaints of Rs.5,000/- in each case.
3. In order to get executed the said Order(s), the complainant-M/s
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 main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
(1) Enforcement of final orders of District Forum, State Commission or National Commission – Against an order passed by District Forum in execution petition, appeal shall lie to State Commission unde....
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
(1) Judgment Debtors did not comply with the order of the State Commission and failed to personally appear before the State Commission, except once.(2) Judgment Debtors repeatedly approached this Com....
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....
Point of Law : President or the senior most member is entitled to conduct proceedings of the National Commission in accordance with the statutory prescription.
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