State Consumer Disputes Redressal Commission
Chandra Prakash Deora vs Uit, Jodhpur on 13 March, 2009
BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, JODHPUR (RAJASTHAN) APPEAL No. 48/2009 Chandra Prakash Deora vs UIT, Jodhpur 13.03.2009 Before: Mr. G.S. Hora, Presiding Member
Mr. Sikandar Punjabi Present:
Dr. Shailendra Kala, counsel for the Appellant Heard.
This appeal arises out of the order dated 6.10.2008 passed by the learned District Forum, Pali whereby the application filed by the Decree Holder under order 21 Rule 5 and Section 151 of CPC was dismissed. By the said application, the decree holder sought transfer of execution petition from the District Forum, Pali to District Forum, Jodhpur. Earlier, a complaint was filed by the Petitioner before the District Forum, Jodhpur but the said complaint was transferred to Disrict Forum, Pali as the Sister of the Complainant was one of the Members of the District Forum, Jodhpur. The matter was contested by the UIT. Ultimately, the complaint was dismissed and against that order of dismissal, the appeal was filed by the Complainant before this Commission bearing No. 319/2007. The appeal was allowed partly and thereafter execution petition was filed before the District Forum, Pali, the number of which is 37/2008. The Petitioner moved an application for transfer of execution petition from Pali to Jodhpur on the ground that since his Sister Smt. Kiran Gehlot has already retired from the membership of the District Forum and that both the parties are from Jodhpur and that the Petitioner is a senior c itizen, the execution petition may be transferred to District Forum, Jodhpur.
After hearing the counsel for the Petitioner, we are of the view that the execution petition should be transferred from Pali to Jodhpur. The complaint was transferred to Pali on the ground that the Sister of the Petitioner was one of the Members of the District Forum. Now, since the Member Smt. Kiran Gehlot stands retired from the membership of the District Forum, it would be in the interest of the justice, if execution petition is transferred from Pali to Jodhpur. Not only it will be convenient for the Petitioner but it will be convenient for the UIT, Jodhpur also.
Consequently, the application for transfer of execution petition 2 is accepted. The execution petition bearing No. 37/2008 is transferred from District Forum, Pali to District Forum, Jodhpur. The District Forum, Pali is directed to send the file immediately to the District Forum, Jodhpur for disposal as per law.
Both the parties are directed to appear before the learned District Forum, Jodhpur on 30.4.2009.
Member Presiding Member Hira Lal