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M. B. Desai
A-21-508
Page 1 of 2
Exh. ____
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
APPEAL NO. 2021/508
Court No. 1
Punil Keshavbhai Gadhaniya
Vs.
Bharti Axa General Insurance Co. Ltd.
Coram : Hon’ble Mr. Justice V. P. Patel, President
Oral Order: (By Hon’ble Mr. Justice V. P. Patel, President)
10.11.2021
1 Appellant has filed this appeal under the Consumer Protection Act
2019, being aggrieved and dissatisfied with the judgment and order
dated
6.9.2021
Passed
by
the
Consumer
Disputes
Redressal
Commission, Porbandar (for short Learned District Commission) in
Execution application no. 1/2021.
2 Heard Mr. Jay Thakkar, ld. advocate for the appellant. He has
challenged the order passed in Execution application which was filed by
the complainant.
2.1 Ld. advocate for the appellant has filed a pursis subject to convert
appeal into revision, which reads as under:
“I appellant pray to this Hon’ble Commission to convert the captioned
appeal into revision as the captioned appeal is preferred under Section
41 of Consumer Protection Act, 2019 against the Execution order which
was preferred under Section 25 and 27 of Consumer Protection Act,
1986. Hence, in interest of justice, this Hon’ble Commission may kindly
be pleased to convert the captioned appeal into revision.”
3. This Commission has considered the Section 47 (1) (b) and Section 73
(2) of the Consumer Protection Act, 2019.
4. On perusing the first paragraph of the impugned judgment it is stated
that the complainant has filed this Execution application for compliance
of the order as per the final order. The appellant has filed this appeal
against order passed by the ld. District Commission in execution
proceedings.
M. B. Desai
A-21-508
Page 2 of 2
5. In view of the Section 47 (1) (b), when order is passed in any consumer
dispute which is pending before it or has been decided by the by the Ld.
District Commission, the said order can be taken in revision petition
Therefore, herein this case I believe that appeal is not maintainable but
revision petition is maintainable.
6. Considering the grounds stated in the appeal, reasons given by the ld.
District Commission in impugned order, Section 47 (1) (b) and Section
73(2) of the Consumer Protection Act, 2019, pursis submitted by the
appellant, facts and circumstance of the case and in the interest of
justice final following order is passed.
O R D E R
1. The appeal No. 2021/508 is hereby dismissed as not maintainable.
2. The appeal is hereby converted in Revision Petition. Registry is
directed to dispose of appeal but the same memo be registered as
Revision Petition.
3. Appellant is directed to made necessary corresponding amendment as
regards to Revision Petition in place of Appeal, petitioner in place of
appellant etc.
4. Copy of the judgment and order be provided to the parties free of
costs. Registry is directed to send a copy this order to the District
Commission Porbandar through E-mail in PDF format for taking
necessary action.
[Mr. V. P. Patel]
President
