This misconceived revision petition by the original opponent questions an order passed by the District Consumer Disputes Redressal Forum Kolhapur in an application by the petitioner for execution of an order passed in favour of the original complainant, which was modified by this Commission to read as under:-

“Appeal is partly allowed.

In place of order passed by District Forum, we direct that the appellant shall pay to the complainant the amount of Rs.1,36,000/- without interest.

This amount shall be payable to the complainant only when complainant vacates the flat he is in occupation, being Flat no.11 in building no.B, being area of 40 sq.mtrs.  We make it clear that if the complainant fails to vacate the premises he is not entitled to get anything as per this order.

Both the parties are left to bear their own costs.”

This order is stated to be confirmed by Hon’ble National Commission.  Now what the petitioner/original opponent wants is to recover possession of flat from the complainant in the guise of execution of this order.  This is thoroughly misconceived.  Complainant was to get an amount of Rs.1,36,000/- from the present petitioner only upon complainant’s vacating flat.  If the complainant does not vacate the flat, he does not get money.  Therefore, there is no question of the petitioner, who was not the complainant before the forum, taking any advantage of the order and securing possession of the flat. Forum was right in holding that the order is not executable at the instance of the opponent.  In the result, revision petition stand dismissed.