State Consumer Disputes Redressal Commission
M/S.Kmf Builders And Developer Ltd vs Mr.M.L Rawat & Ors on 29 June, 2017
1 [RP/17/70 IN EA/08/102]
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
REVISION PETITION NO.RP/17/70 IN
EXECUTION APPLICATION NO.EA/08/102
[Arisen out of Order dated 16/11/2000 by Ld.District Forum, Thane in EA/08/102]
M/s.KMF Builders And
Developer Ltd.
Flat No.508, Golf Manor,
Apartments Nal Wind Tunnel Road,
Murgeshpalya Bangalore 560017.
Also at-
1003, Vikram Tower,
Rajendra Place,
New Delhi 110008. Revision Petitioner(s)
versus
1.Mr.M.L.Rawat
R/at Flat No.101
2.Mr.N.K.Saxena
R/at Flat No.102
3.Mr.V.K.Sharma
R/at Flat No.103
4.Mr.S.K.Patel
R/at Flat No.201
5.Mr.M.K.Patel
R/at Flat No.202
6.Mr.J.K.Patel
R/at Flat No.203
7.Mr.R.K.Tiwari
R/at Flat No.204
8.Mr.J.H.Patel
R/at Flat No.301
9.Mr.J.H.Patel
R/at Flat No.302
10.Mr.M.H.Patel
R/at Flat No.303
11.Mr.K.H.Patel
R/at Flat No.304
12.Mr.G.K.Patel
2 [RP/17/70 IN EA/08/102]
R/at Flat No.401
13.Mr.C.K.Patel
R/at Flat No.402
14.Mr.S.K.Patel
R/at Flat No.403
15.Mr.A.K.Gupta
R/at Flat No.404
16.Mr.K.V.Patel
R/at Flat No.502
17.Mr.O.P.Upadhyay
R/at Flat No.504
18.Mr.M.S.Patel
R/at Flat No.601
19.Mr.V.S.Patel
R/at Flat No.602
20.Mr.M.S.Patel
R/at Flat No.603
All Flats situate at
Lotus Tower, KMF
Garden, Near RTO,
Kalyan (W). Respondent(s)
BEFORE:
Hon'ble Mr.Justice A.P.Bhangale, President
Hon'ble Mr.D.R.Shirasao, Judicial Member
PRESENT:
For the
Revision Petitioner(s): Advocate Shri.Ashish Gogate
For the
Respondent(s) : Advocate Shri.M.S.Puri
ORDER
Per: Hon'ble Mr.Justice A.P.Bhangale, President
[1] This revision application arise out of execution proceeding No.102 of 2008 in which an Interim Order was passed regarding warrant issued by Ld. District Forum below against the accused on 7/6/2016. Ld. District 3 [RP/17/70 IN EA/08/102] Forum by detailed and reasoned order refused to cancel the warrant and rejected the application made by the accused for cancellation of warrant. We are informed that execution proceeding is pending since long considering the notice from the Court annexed from page No.C/14 onwards till C/20. It appears that Ld. District Forum appears to have ignored the implications of Section 27 of the Consumer Protection Act, 1986 which is punishable with imprisonment upto 3 yrs and / or with fine upto Rs.10,000/-. In our view what is material for the Ld. District Forum in execution proceeding u/s 27 of the Consumer Protection Act, 1986 is to follow the principle of natural justice so as to hear the accused/ respondent facing execution proceedings and to address itself to the question as to whether respondent/accused is aware of the final order, informed about it and whether there is deliberate disobedience of such final order passed in the consumer complaint. Ld. District Forum did not waste its time in circuitous procedural details such as verification of the complaint, recording plea of the accused, framing charge etc., as Ld. District Forum has to act as deemed Magistrate and is well empowered to pass an Order u/s 27 of the Consumer Protection Act, 1986 after following principles of natural justice and addressing itself upon the question stated above by us and recording its findings as to guilt of the accused. Once such findings are recorded Ld. District Forum is empowered even by following summary procedure as contemplated under Cr.P.C. to pass an order u/s 27 by imposing appropriate punishment to the accused who failed to obey the final order deliberately. We hope Ld. District Forum would once again address itself to the provisions of section 27 of the Consumer Protection Act, 1986 so as to expedite the execution proceeding and to pass necessary orders by recording the findings as to awareness of the final order by the accused and his deliberate disobedience, if any. (1) We dispose of the revision petition accordingly with direction to the Ld. Forum to consider grant of conditional bail to the revision applicant so as to 4 [RP/17/70 IN EA/08/102] enable him to face the execution proceeding by remaining free during pendency of the execution petition.
Certified copy of order be supplied to both the parties free of cost.
Pronounced on 29th June, 2017.
[JUSTICE A.P.BHANGALE] PRESIDENT [D.R.SHIRASAO] JUDICIAL MEMBER rsc