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SANJEEV PRAKASH SHARMA
Arvind Aggarwal – Appellant
Versus
State Consumer Dispute Redressal Commission – Respondent
JUDGMENT
Sanjeev Prakash Sharma, J. (Oral)
The petitioner has preferred this writ petition assailing the order dated 06.10.2023 (Annexure P-1) passed by respondent No. 1 namely the State Consumer Dispute Redressal Commission, UT, Chandigarh (hereafter referred to as 'the Commission') whereby it dismissed the miscellaneous application moved by the petitioner for deleting his name from the array of judgment debtors.
2. Learned counsel for the petitioner submits that a complaint was filed against M/s Raheja Developers Limited, before the Commission seeking refund of the amount along with the guaranteed premium, interest, compensation etc. as the company had delayed in providing services. Several other allegations were levelled apart from the above in the complaint and after having considered the said complaint, an order was passed on 21.02.2022 (Annexure P-3) by the Commission, whereby it directed as follows:-
A director's resignation is effective only upon notification to the Registrar, and interim orders in execution proceedings are not subject to writ jurisdiction.
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.
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....
Executing Court – An executing court cannot go behind the decree and must execute the decree as it stands.
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
Insolvency proceedings against a company do not necessarily halt personal liability for directors if they are parties in person before consumer dispute commissions.
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....
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