Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          None present for the parties.  We propose to dispose of this appeal on merits.

[2]     In the execution proceeding bearing No.72 of 2007, Mr. Shivaji Ramchandra Varnekar and Another Vs.  Dattatraya Keshav Uttekar and Ors., arising out of original Consumer Complaint No.260 of 2006, decided on 28/2/2007, pending on the file of the Satara District Consumer Disputes Redressal Forum (‘the Forum’ in short), the Decree Holders had filed an application for issuance of warrant against the Judgment Debtor since the Judgment Debtor had defaulted to comply with the order passed by the District Forum.  In the said execution proceeding, the Forum was pleased to issue a non-bailable warrant of arrest against the Judgment Debtor by passing an order on 8/2/2008.  Against that order this appeal has been filed by the Appellant/original Judgment Debtor. 

[3]     We are finding that the order passed by the Forum below Exhibit-13 in the execution proceeding to issue a non-bailable warrant of arrest as against the Appellant/original Judgment Debtor is just and proper.  When a proceeding under Section-27 of the Consumer Protection Act, 1986 has been filed and when it is found by the Forum that despite passing of final award, the award has not been complied with and the Decree Holder has moved a recovery application under Section-27 of the said Act and still the Judgment Debtor has not appeared to answer the charge, there is no choice left for the Forum but to issue a non-bailable warrant of arrest against the defaulting Judgment Debtor.  Thus, we find the appeal devoid of any substance and pass the following order:-

ORDER

The appeal stands dismissed.

No order as to costs.

District Consumer Disputes Redressal Forum, Satara is hereby directed to continue with the Execution Proceeding No.72 of 2007 by issuing a Non-Bailable Warrant of Arrest against the Appellant herein/original Judgment Debtor.

Pronounced and dictated on 21^st December, 2011