National Consumer Disputes Redressal
R.K. Jaiswal Former Secretary, Urban ... vs Magha Ram on 23 May, 2019
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI EXECUTION REVISION PETITION NO. 11 OF 2019 (Against the Order dated 17/12/2018 in Appeal No. 76/2018 of the State Commission Rajasthan) 1. R.K. JAISWAL FORMER SECRETARY, URBAN IMPROVEMENT TRUST PRESENTLY MEMBER REVENUE BOARD, AJMER RAJASTHAN ...........Petitioner(s) Versus 1. MAGHA RAM S/O. RATAN LAL, R/O. B-10, INDUSTRIAL AREA, RANI BAZAR, BIKANER RAJASTHAN ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
For the Petitioner : MR. ARUNESHWAR GUPTA & MR. VARUN DEWAN For the Respondent : Mr.Ganesh Khanna, Advocate
Dated : 23 May 2019 ORDER
Present Revision Petitions have been filed against the order dated 17.12.2018, passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short "the State Commission"), whereby the Revision Petitions No.68/2018 and 76/2018 have been dismissed. Before the State Commission, the Petitioners had preferred two Revisions against the order dated 26.10.2018 passed by the District Consumer Disputes Redressal Forum, Bikaner (for short "the District Forum"), wherein certain charges were framed against the Petitioner on an Application filed by the Decree-holder, the Respondent herein, under Section 27 of the Consumer Protection Act, 1986 (for short "the Act"). Even though the Revisions No.68/2018 and 76/2018 filed by the Petitioners before the State Commission were not maintainable but the Petitioners had a right to file an Appeal against the order dated 26.10.2018 passed by the District Forum under Section 27A of the Act. So, the order dated 17.12.2018 passed by the State Commission, even though in Revision Petitions, will be treated as an order passed in Appeal under Section 27A of the Act.
In view of the order dated 6.5.2019 passed by the Supreme Court in Civil Appeal No.4631/2019 - Karnataka Housing Board vs. K.A. Nagamani , the Revision Petition is not maintainable. Accordingly, the Revision Petition is dismissed as not maintainable, with liberty to the Petitioner to seek appropriate remedy in accordance with law.
......................J R.K. AGRAWAL PRESIDENT