BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

DATED THIS THE 16^TH DAY OF FEBRUARY 2022

PRESENT

MR. K.B. SANGANNAVAR                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                    : MEMBER

Appeal No. 2018/2018

O R D E R

BY MR. K.B. SANGANNAVAR, JUDICIAL MEMBER

This appeal is filed by aggrieved Jdr. dated 31.10.2018 passed in Execution Application No.138/2018 pending on the file of District Consumer Disputes Redressal Forum, Mysore. 

2. The Jdr. filed this appeal under Section 27 (A) of Consumer Protection Act 1986 aggrieved by the order dated 31.10.2018 and he sought that said order call for interference of this Commission under Section 27(A) of Consumer Protection Act, 1986 on the ground that forum below issued notice against appellant/Jdr. arbitrary and contrary to facts and law, the forum below sent Jdr. to judicial custody in some of the cases and in some cases issued body warrant without giving any opportunity to the appellant for payment of the balance amount either by way of mediation between parties, since, he is ready to comply the order of the forum as soon as he starts his business which was stopped due to several pending cases and number of NBW issued against him for which requires more time to negotiate with his clients as the market is slow and amount which was collected from the decree holder has spent on the land and he has sustained huge loss.  Now he has to restart his business, as his image has been tarnished by giving false allegations against him due to which nobody is coming forward to do business with him and he is unable to contact new customers and it would take some more time to come back to normalcy in his business.  The forum below ought to have held an enquiry whether appellant/ jdr. has complied the order partly or fully as ordered by the State Commission.  The order of District Forum is erroneous and arbitrary is liable to be set aside.
3. The Commission heard the LC on record and perused the impugned order along with appeal papers.  Now to examine whether appellant/Jdr. has made out any factual or legal grounds to allow his appeal under Section 27(A) of Consumer Protection Act, 1986 as prayed ?
4. It is an undisputed fact that the respondent has obtained an award from Forum below against appellant/OP/Jdr.  In such circumstances, as the papers prima-facie would establish that the award obtained by the respondent herein reached to its finality and the forum below is legally recovering the award amount in pending execution petitions wherein ordered non-bailable warrant against Jdr. herein to satisfy decree holder.  In other words to say taken coercive steps to recover award amount due to decree holder.  This appeal is pending before this Commission since 2018.  The object of Consumer Law as legislated is not only beneficial to the consumers, but, also summary in nature.  Yet proceedings are pending like civil matters, for which of course we are all responsible.  But, facts remain that Jdr. has invoked section 27(A) of Consumer Protection Act, 1986 contending that forum below has failed to held an enquiry whether he has complied the order partly or satisfied the award fully which of course is domain of forum below.  An order of against OP/Jdr./ appellant on 28.03.2012 and now we are in the year 2022.  In such circumstances, examined the grounds set out by the Jdr./ appellant herein and papers placed by appellant.  Viewed from any angle this appeal could not be considered to set aside the impugned order dated 31.10.2018 since the very order of issuing