STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/113/2017

               (Against the order dated 17-08-2017 in Execution Case

            No. 30/2016 of the District Consumer Forum, G. B.Nagar )

Maruti Suzuki India Limited

Through Mr. Archit Ashwani

Deputy Manager(legal)

Registered Office:

Plot No.1, Nelson Mandela Road

Vasant Kunj

New Delhi-110001  .

                                                                                         ...Revisionist

                                                     Vs.

 01.Aditya Tyagi

      S/o Sri N. P. S. Tyagi

      R/o 1228, Sector-29 Noida

      Uttar Pradesh

02.Rohan Motors Limited

C-1 Sector-9 Noida

District  Gautam Budh Nagar

Uttar Pradesh

                                                                                         ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist                  :    Mr. Ankit Srivastava, Advocate.

For the Opposite Party            :   

Dated :  30-08-2017

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Mr. Ankit Srivastava, learned Counsel for the revisionist appeared. Defect pointed out by registry has been removed.

Heard learned Counsel for the revisionist and perused impugned order dated 17-08-2017 passed by District Consumer Forum, Gautam Budh Nagar in Execution Case No. 30/2016 Aditya Tyagi V/s Maruti Suzuki and another.

At this stage learned Counsel appeared for opposite party who is decree holder of above execution case.

Vide impugned order dated 17-08-2017 the District Consumer Forum has passed order to seize account of revisionist.

It is contended by learned Counsel for the revisionist that the impugned order passed by the District Consumer Forum is without jurisdiction and

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against provisions of Section 25 of the Consumer Protection Act 1986.

It is contended by learned Counsel for the revisionist that revisionist is ready and willing to deposit decretal amount before District Consumer Forum.

I have considered the submission made by learned Counsel for the revisionist.

In view of provisions of Section-25 of the Consumer Protection Act 1986 the order passed by District Consumer Forum to seize account of revisionist appears to be without jurisdiction. Under Section-25 of the Consumer Protection Act 1986 in case of default the District Consumer Forum may issue recovery certificate for the decretal amount to District Collector of concerned District for realizing the same as arrear of revenue.

The revisionist has expressed willingness to deposit decretal amount before District Consumer Forum. The impugned order passed by the District Consumer Forum is set aside subject to condition that revisionist Judgment Debtor shall deposit decretal amount alongwith interest before District Consumer Forum within 30 days from today failing which the District Consumer Forum shall be at liberty to proceed further under Section-27 of the Consumer Protection Act 1986 against judgment debtor and to takde necessary steps for securing his attendance.

The revision is disposed of accordingly.

Let copy of this order be made available to the parties as per rules.

                                                                   ( JUSTICE A H KHAN )

                                                                                    PRESIDENT                                                             

          Pnt.