BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Revision Petition No. RP/23/44 ( Date of Filing : 17 Feb 2023 )

(Arisen out of Order in Case No. Complaint Case No. CC/12/2022 of District Commission, Central Mumbai)

1.CANTRONICS (INDIA)

T hrough its Proprietor Mr.Gajanan Ramakant Desai Office at -Plot no.60D &60F Dulaba Prasad, S.M.Jadhav Marg Dadar (E ), Mumbai 400 014

2. Mr.Gajanan Ramakant Desai R/at -Plot no.60D &60F Dulaba Prasad, S.M.Jadhav Marg Dadar (E ), Mumbai 400 014 3. Mr.Durgesh Gajanan Desai R/at -Plot no.60D &60F Dulaba Prasad, S.M.Jadhav Marg ...........Revision Petitioners Dadar (E ), Mumbai 400 014 /org.complainants Versus

1.M/s.Aditya Birla Finance Ltd.

2.Mr.Kumar Mangalam Birla Chairman of M/s.Aditya Birla Finance Ltd.

3.Mr.Rakesh Singh Managing Director & CEO of M/s.Aditya Birla Finance Ltd.

Office at -One India Bulls Center Tower no.1, 18^th floor, 841 Jupiter Mills compound, Senapati Bapat Marg Lower Parel, Mumbai 400 013 ...........Respondents/org.OPs BEFORE:

HON'BLE MR. JUSTICE S. P. TAVADE PRESIDENT HON'BLE MR. VIJAY C. PREMCHANDANI MEMBER PRESENT: Revision petitioner is present in person.

Adv.Ashrita Anand Chindarkar i/b.Katariya & Associates for respondents Dated : 16 Oct 2024 Final Order / Judgement Per Hon’ble V.C.Premchandani – Member

1. The present revision petition is filed by the original complainants in Misc.Application No.MA/22/22 in consumer complaint no.CC/12/2022, wherein the original complainants have filed the misc. application u/sec.72 of the Consumer Protection Act, 2019 for disobedience of the order passed by the District Commission in CC/12/2022. The District Commission, Central Mumbai has passed an order as on 11/11/2022 whereby in the said application, Show Cause Notice was issued to the accused nos.1 to 3 as to why action should not be initiated against them u/sec.72 of the Consumer Protection Act, 2019. Aggrieved by the said order, the present revision petitioners have filed the revision petition and prayed that this Commission has passed an order in the matter of Amir Ali Tharani V/S. Mr.Rajesh Sukhtankar decided on 27/09/2010, wherein the direction has been given as to how the proceedings should be initiated u/sec.27 of the Consumer Protection Act, 1986 and how the trial is to be conducted by the District Commission, when there is disobedience of the order passed by the District Commission. Said procedure has not been complied with. Therefore, said procedure may be complied with and the order passed by the District Commission on 11/11/2022 may be set aside.

2. Notice of this revision petition was also issued to the respondents.

Respondents appeared and submitted their contention that the District Commission has rightly passed an order wherein show cause notice was issued to the respondent nos.1 to 3. Before taking cognizance of the offence u/sec.72 of the Consumer Protection Act, 2019 and contention has been made that they have complied the order before this Commission. The present revision petition is only pertaining to the order passed dated 11/11/2022 wherein the District Commission has rightly passed an order to issue show cause notice to respondent nos.1 to 3 pertaining to taking cognizance of the offence punishable u/sec.72 of the Consumer Protection Act, 2019. We have also gone through the judgment passed by this Commission in the matter of Amir Ali Tharani V/S. Mr.Rajesh Sukhtankar decided on 27/09/2010, and section 72 of the Consumer Protection Act, 2019, Penalty for non-compliance of order, whenever judgment debtor fails to comply with an order made by the District Commission, State Commission or National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than Rs.25,000/-, but which may extend to Rs.1 lakh, or with both.

3. In sub section (2) of section 72, notwithstanding anything contained in Code of