State Consumer Disputes Redressal Commission
M/S Shilpa Niram Pvt. Ltd. vs K.K.Shridhar on 5 August, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/2189/2017 ( Date of Filing : 15 Nov 2017 ) (Arisen out of Order Dated 16/06/2017 in Case No. EP/30/2010 of District Bangalore Urban) 1. M/s Shilpa Niram Pvt. Ltd. No.90/75, Near Sompur Gate,D.Hosahalli road, Sompura, Sarjapura, Bangalore-562125 Rep. by its Director Manju Kathuria and Mr.Virendra Kathuria 2. Mrs.Manju Kathuria Aged about 62 years, W/o Virendra Kathuria Director, M/s Shilpa Niram P. Ltd.
No.90/75, Near Sompur Gate,D.Hosahalli road, Sompura, Sarjapura, Bangalore-562125
3. Mr.Virendra Kathuria Aged about 66 years, S/o Late Kyaption Prananath Kathuria Director, M/s Shilpa Niram P. Ltd.
No.90/75, Near Sompur Gate,D.Hosahalli road, Sompura, Sarjapura, Bangalore-5 ...........Appellant(s) Versus 1. K.K.Shridhar S/o Gopalan since Dead by LRs 1(a) Mrs.Meena Ramanathan, Aged about 65 years, W/o Mr.Ram S.Ramanathan, D/o Late K.K.Shridhar R/a No.812, 3rd cross, 10th Main, 3rd 2. 1(b) Mrs.Kumudha Sridhar W/o Late K.K.Shridhar, Aged about 83 years, R/a No.812, 3rd cross, 10th Main, 3rd block, Koramangala, Bangalore-560034 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 05 Aug 2023 Final Order / Judgement 05.08.2023:-
ORDER BY SRI. K.B SANGANNANAVAR, JUDICIAL MEMBER
01. This is an Appeal filed by the JDRs in execution petition No.30/2010 pending on the file of Bangalore Urban District Consumer Disputes Redressal Commission.
02. The order impugned is dated: 16.06.2017. We have gone through the said order dated: 16.06.2017. An application was filed under section 317 of Cr.P.C. to dispense with proceedings of JDRs, which came to be rejected. Accordingly the executing Forum issued NBW against JDR Nos.1 & 2. It is this order being assailed in this Appeal under section 27A of Consumer Protection Act, 1986 no doubt section 27A provides for an Appeal under section 27 both are on facts and law shall lie from the order made by the District Forum to the State Commission, but the District Forum has not passed any final order on 16.06.2017, in other words order impugned is not a final order and the executing Forum order to issuing NBW against JDR Nos.1 & 2 to holding enquiry in the execution proceedings which cannot be set aside or recalled in exercising of powers vested under section 27 of Consumer Protection Act, 1986. Hence proceed to dismiss the Appeal with no order as to costs.
03. Provide copy of this order to the parties.
LADY MEMBER JUDICIAL MEMBER KNMP* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER