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Showing contexts for: consumer dispute in Karnataka Housing Board vs K.A. Nagamani on 6 May, 2019Matching Fragments
4.1. A Revision Petition is not maintainable under Section 21(b) of the 1986 Act, against an order of the State Commission passed in execution proceedings.
4.2. The impugned judgment does not merit interference. 4.3. Section 3 of the Consumer Protection Act, 1986 provides that the provisions of the Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force. Therefore, the National Commission cannot go beyond the limitation placed by the CPC. Order 45, Rule 16 of CPC bars revision in execution appeals. 4.4. An execution petition cannot be termed as a continuation of the ‘consumer dispute’. The definition of a ‘complaint’ and a ‘consumer dispute’ u/S. 2(1)(c) and (e) respectively, 1 (1963) 2 SCR 499.
cannot be given a wide interpretation to encompass execution proceedings.
4.5. An Order in execution proceedings is not an Order in a “consumer dispute” pending before the State Commission. The “consumer dispute” filed by the Respondent – Complainant was finally adjudicated by this Court vide Judgment and Order dated 19.09.2012.
4.6. In an execution proceeding, the executing forum only has the jurisdiction ‘to execute’ the order in accordance with Order XXI CPC.
6.2. The exercise of revisional jurisdiction u/S. 21(b) by the National Commission is limited to a consumer dispute which has been filed before the State Commission 3. The jurisdiction u/S. 21(b) of the 1986 Act can be exercised by the National Commission only in case of a “consumer dispute” filed before the State Commission. The National Commission in exercise of its supervisory jurisdiction u/S. 21(b) is concerned about the correctness or otherwise of the orders passed by the State Commission in a “consumer dispute”.
Section 25(3) states :
25. Enforcement of orders of the District Forum, the State Commission or the National Commission.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue. An Order passed for enforcement, would not be an order in the ‘consumer dispute’ since it stands finally decided by the appellate forum, which has conclusively determined the rights and obligations of the parties. 7.3. The nature of execution proceedings is materially different from the nature of proceedings for adjudication of a consumer complaint. Execution proceedings are 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. During the course of the hearing, learned Counsel for the Appellant raised a contention that execution proceedings are a continuation of the ‘appeal’, and must therefore be considered to be a continuation of the ‘consumer dispute’. Reliance in this regard was placed on the decision of the Bombay High Court in Satguru Construction Co. Pvt. Ltd. & Ors. v. Greater Bombay Cooperative Bank Ltd.,6 and Raghunath R. Shingate v. Jayant Gajanan Pathak & Ors.,7 as well as the Patna High Court in M/s. Parshava Properties Ltd. v. A.K. Bose,8 wherein it was held that execution proceedings are a continuation of the Suit. 7.5. On the other hand, the Respondent – Complainant has placed reliance on a Full Bench of the Andhra Pradesh High Court in Guntupalli Rama Subbayya v. Guntupalli Rajamma,9 wherein it was held that :