NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Mr. Dinesh Singh, Presiding Member
Aparajith Bhandary v. Sunny Brooks (Now Samarkhand Property MGT. PVT. LTD.)
Revision Petitions No. 46 to No. 56 of 2014 | No. 6 to No. 11 of 2015
| Table of Content |
|---|
| 1. introduction of revision petitions and initial procedures. (Para 1 , 2 , 3 , 4) |
| 2. issues regarding jurisdiction and merits of execution proceedings. (Para 5 , 6 , 7 , 8) |
| 3. concluding order and directives. (Para 9) |
1. Mr. Dinesh Singh, Presiding Member "These revision petitions (9 nos.) have been filed before this Commission under S.21(b) of the Act 1986 in challenge to the Order dated 7.4.2017 of the State Commission in revision petitions No. 46 to No. 56 of 2014 and No. 6 to No. 11 of 2015 arising out of the common Orders dated 18.9.2014 and dated 26.12.2014 of the District Commission in execution petitions No. 117, No. 118, No. 120, No. 122 to No. 124, No. 36, No. 19, No. 115, No. 116, No. 119, No. 18, No. 43, No. 121 and No. 196 of 2008 and No. 171 and No. 172 of 2013.
2. Learned proxy Counsel present on behalf of the revisionists requests for an adjournment, submitting that the learned Counsel is not available. Learned Counsel for the respondent is present, and submits that he has come from Bangaluru for the final hearing.
3. These revisions are pending since 2017. It is deemed appropriate to dispose them on the basis of the record and after hearing the Counsel present, i.e. the learned Counsel for the respondent. The request for adjournment made by the learned proxy Counsel on behalf of the revisionists is politely declined.
4. The record, including inter alia the impugned Order dated 7.4.2017 of the State Commission and the petitions, has been perused. Learned Counsel for the respondent has been heard.
5. It is readily apparent that the District Commission's Orders dated 18.9.2014 and dated 26.12.2014 have very obviously been passed in execution proceedings, and not passed in adjudication of a 'consumer dispute' per se as finds mention in the Act 1986.
Execution proceedings under S.25(3) or S.27 of the Act 1986 are distinctively different from adjudication of a 'consumer dispute', they are separate independent proceedings.
Jurisdiction of the State Commission for 'revision' under S.17(1)(b) is in relation to a 'consumer dispute'. It does not extend to execution proceedings under S.25(3) or S.27 (which were not part of the original statute as legislated in 1986 but were incorporated subsequently through amendments).
Remedy against an Order passed by the District Commission in execution proceedings, for 'Enforcement' under S.25(3) or for 'Penalties' under S.27, in execution of an Order which has attained finality within the meaning of S.24 (decree), in the separate independent execution proceedings, does not lie before the State Commission in revision under S.17(1)(b) of the Act 1986.
6. It is however seen that the State Commission vide its impugned Order of 7.4.2017, which it has passed under S.17(1)(b), has allowed the revision petitions after looking into the merits of the matter. The correct legal position was that 'revision' under S.17(1)(b) did not lie before the State Commission. Thus the State Commission, in entering into and adjudicating on merits, exercised jurisdiction not vested in it. The State Commission ought to have dismissed the revision petitions as being not maintainable.
7. It may be added, for holistic appreciation, that 'appeal' against an Order passed under S.27 by the District Commission does lie before the State Commission under S.27A, but the Orders herein of the District Commission were not passed for 'Penalties' under S.27 and as such 'appeal' there against did not lie before the State Commission under S.27A either.
As already stated the sole point in the instant matter herein which deserves emphasis is that the revisional jurisdiction of the State Commission under S.17(1)(b) of the Act 1986 is essentially in relation to a 'consumer dispute'; 'revision' under S.17(1)(b) does not lie before the State Commission apropos an Order passed in execution proceedings, be they under S.25(3) or under S.27 (or under S.27A).)
8. It is thus palpably patent that the State Commission has erred in decidin
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