Uttarakhand

StateCommission

RP/14/7

Arsh Enterprises - Complainant(s)

Versus

Arvind Kumar - Opp.Party(s)

Mr. Ajay Gupta

23 Sep 2014

ORDER

State Consumer Disputes Redressal Commission Uttarakhand
176 Ajabpur Kalan
Mothrowala Road Near Spring Hills School Dehradun
Final Order
 
Revision Petition No. RP/14/7
(Arisen out of Order Dated 11/09/2014 in Case No. EA/39/2011 of District Hardwar)
 
1. Arsh Enterprises
43 Gandhi Road,Dehradun
Dehradun
Uttarakhand
...........Appellant(s)
Versus
1. Arvind Kumar
s/o RoopChand r/o Mohalla Kadach, Jawalapur, Haridwar.
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE B.C. Kandpal PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Petitioner:
For the Respondent:
ORDER

23-09-2014: Heard learned counsel for the revisionist and perused the material placed before us. We have also perused the impugned order dated 11.09.2014 passed by the District Forum, Haridwar in execution application no. 39 of 2011. The final judgment and order dated 20.11.2010 passed by the District Forum, Haridwar in consumer complaint No. 87 of 2010 indicates that the revisionist – opposite party No. 1 was directed to rectify the defects in the vehicle and hand over the vehicle to the respondent No. 1 – complainant in a proper and perfect running condition and in case the same is not possible, then a new vehicle be made available to the respondent No. 1.

Against the aforesaid judgment and order dated 20.11.2010, the revisionist did not prefer any appeal.

Now, this revision petition has been preferred against the order passed in the execution proceedings. The District Forum, by way of the impugned order, has directed the revisionist to rectify / remove the defects in the vehicle before the District Forum in a running condition.

After giving our thoughtful consideration to the entire matter, we are of the view that no jurisdictional error or illegality or material irregularity has been committed by the District Forum while passing the impugned order. The District Forum has exercised the jurisdiction vested in it by law and it can not be said that the impugned order suffers from jurisdictional illegality or material irregularity. We accordingly, do not find any force in the revision petition and the revision petition is accordingly dismissed in limine. 

 
 
[HON'ABLE MR. JUSTICE B.C. Kandpal]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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