National Consumer Disputes Redressal
Shashikant Raghunath Patil vs Putubai Narsinh Naik (Since Deceased) & ... on 16 October, 2019
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1493 OF 2018 (Against the Order dated 14/03/2018 in Appeal No. 1453/2017 of the State Commission Maharashtra) 1. SHASHIKANT RAGHUNATH PATIL PROPRIETOR OF M/S. DATTA CONSTRUCTION HAVING OFFICE AT 5TH FLOOR, SHRI NIWAS BUILDING NO. B, 42/44, GOKHALE PATH, GIRGAON, MUMBAI-400004 MAHARASHTRA. ...........Petitioner(s) Versus 1. PUTUBAI NARSINH NAIK (SINCE DECEASED) & 2 ORS. R/AT C-1A, ANDHERI JUMBO CHS LTD. KOLDONGRI SAHAR ROAD, ANDHERI EAST MUMBAI-400069 MAHARASHTRA 2. MRS. USHA S. LOTLIKAR R/AT C-5 ANDHERI JUMBO CHS LTD. KOLDONGRI SAHAR ROAD, ANDHERI EAST MUMBAI-400069 MAHARASHTRA 3. MRS. ANITA MADHUKAR KALE R/AT 12, KHOTWADI, HIRAKUNJ BUILDING 2ND FLOOR, V.P. ROAD, GIRGAON, MUMBAI-400004 MAHARASHTRA. ...........Respondent(s)
BEFORE: HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER HON'BLE MR. C. VISWANATH,MEMBER For the Petitioner : Mr. Jayesh Jain, Advocate For the Respondent : Mr. Amrit Pal Singh, Advocate Mr. Gurjinder Kaur, Advocate Dated : 16 Oct 2019 ORDER IA No. 16218 of 2019 ( early hearing) Case is taken up on the application of early hearing and arguments on the revision petition are heard.
Revision Petition (ORAL) The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed against the order dated 14.03.2018 of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short "the State Commission") in Appeal No.A/17/1453 of the Petitioner against the order dated 20.11.2017 of the -2- District Consumer Disputes Redressal Forum, Thane (for short "the District Forum") in Execution No.22 of 2010.
2. Section 21(b) of the Act confers the jurisdiction upon the National Commission for entertaining a Revision Petition. Section 21(b) reads as under:
21. Jurisdiction of the National Commission. -- Subject to the other provisions of this Act, the National Commission shall have jurisdiction--
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
3. The bare reading of this provision clearly shows that the Revision Petitions are applicable only against the order of the State Commission in any consumer dispute. The issue whether the order of the State Commission in Execution Petition is an order in a consumer dispute had been analysed by the Hon'ble Supreme Court in the case of "Karnataka Housing Board vs. K. A. Nagamani, (2019) 6 SCC 424." The Hon'ble Supreme Court has held that the execution proceedings are different than the consumer disputes and an order passed in appeal in execution proceedings by the State Commission cannot be considered to be an order passed on a consumer dispute and hence, the Revision Petition cannot be filed against such order. The Hon'ble Supreme Court has held as under:
7.3. The nature of execution proceedings is materially different from the nature of proceedings for adjudication of a 14 consumer complaint. Execution proceedings are -3- independent proceedings. Orders passed for enforcement of the final order in the Consumer dispute, cannot be construed to be orders passed in the 'consumer dispute'.
7.4. xxxxxxxxxxxx 7.5. xxxxxxxxxxxx 7.6 xxxxxxxxxxxx 7.7. We affirm the view taken by the Full Bench of the Andhra Pradesh High Court and Patna High Court. Execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit. Execution proceedings are separate and independent proceedings for execution of the decree. The merits of the claim or dispute, cannot be considered during execution proceedings. They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute.
7.8. There is no remedy provided under Section 21 to file a Revision Petition against an Order passed in appeal by the State Commission in execution proceedings. Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings 7.9. xxxxxxxxxxxxx
8. xxxxxxxxxxxxx
9. In view of the aforesaid discussion, we affirm the judgment of the Delhi High Court, which has rightly set aside the Order passed by the National Commission on the ground that a Revision Petition was not maintainable against the Order passed by the State Commission in an appeal arising out of execution proceedings.
4. In view of the findings of the Hon'ble Supreme Court to entertain the present Revision Petition which is against the order of the State Commission -4- in appeal against an execution order, would amount to wrong exercise of jurisdiction by this Commission.
5. In view of the above discussion, present Revision Petition is dismissed. Date fixed stands cancelled and stay stands vacated.
......................J DEEPA SHARMA PRESIDING MEMBER ...................... C. VISWANATH MEMBER