A Review Order passed by a higher commission modifies the original appeal order and becomes an integral part of it, requiring the executing court to read both orders together for the purpose of execution.

ORAL ORDER

(PER: HoN'BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA, PRESIDENT)

This Appeal is filed Under Section 73 of the Consumer Protection Act, 2019 challenging the order dated 29/11/2025 in EA.No.56/2024 on the file of District Consumer Disputes Redressal Commission, Tumakur (in short the District Commission)

The Appellants were the Decree Holders (in short DHrs) and Respondent was the Judgment Debtor (in short JDr) before the District Commission', The Asslstant Commissioner,

Rank of the parties shall be referred to as per their status before the District Commission.

We have heard the arguments of learned counsel for appella nt.

The order of the District commission reads as follows:

Heard the both counsels on present E.A, Review Application No.27 / 2023 order passed by the Hon'ble State Commission on 8'1.2024 and Hon ble State Commission order in appeal No. l6a5/2017 on 9.2.2023' In Appeal No.1585/2017, the Hon'ble State commission passed an order on o9.O2.2o23 and allow the appeal. consequently dismiss the complaint No'39/2016. Later, , pass the followingi complainant/DHR filed Review APPlication No.27 /2023, to review the order dated 9.O2.2od3 passed in appeal No. l6a5/2oL7, After hearing the both parties, the Hon'ble State Commission passed an order on O8.O1.2024 and allow the Review application, signed by the Hon'ble President only. Thereafter, the DHR counsel has filed before this commission only Review application order dated 08.01.2024 and as not filed rectified appeal order in 16A5/ 2017. Therefore. the appeal order dated 9.2.2023 in L6aS / 2O]-7 still holds good and the E.A is liable to be dismiss. Accordingly, proceed to ORDER The E.A filed by the DHR is dismissed. Furnish copy of order to both parties with free of costs. (Dictated to the StenograPher, got it iranscribed, corrected and then pronounced in the open commission on this the 22" day of November, 2025 ).

The DHR has filed the Complaint before the District commission, which came to be allowed' Aggrieved by the said order, the OP has preferred an Appeal before this Commission in Appeal No.1685/2018. The said Appeal was decided on Og/02/2023, whereby allowing the Appeal and dismissing the Complaint. Against the said order the Complainant has filed the Review Application in RA/27 l2O2l. This Commission by order dated: O8/Ol/2024 allowed the Review Application, re-called the dismissal of the Complaint and modified the order as follows:

Review Petition is allowed. consequently, Imouoned Order dated 03.12.2016 passed in Compiaint No.39/2016 on the file of District consumer Disputes Redressal Forum, Tumkuru is hereby modified by directing the OPlRespondent herein to re-calculate the entitled Monthly Pension of the Complainant, as per Para 12 (a)(a) and (b) of EPS 1995 under un-amended provision, relating to past service benefit, with interest at the rate of 8,25o/o p.a and Rs.2,0O0/- as litigation cost' Furth€r OPlRespondent herein is directed release the Annual Relief granted by the Central Government upto the year 2O0O to the Complainant, within three months from the date of this Order.

Now the DHR has filed the Execution Petition before the District commission for enforcembnt of the order. But the District commission on the ground that the order passed in the Review Application has not been incorporated in the Appeal Order and the order in Appeal is intact and District commission dismissed the Execution Petition.

We have carefully perused the Impugned order and materials on record. Unfortunately, the District commission has committed a grave error in dismissing the Execution Petition without properly understating the procedural effect of the Appeal as well as the Review Application. When the Appeal has been reviewed and the Review Order has been passed, the Review Order become part and parcel of Appeal order. It has to be executed, this is what the DHR is asking before the District commission'