NCDRC

NCDRC

ERP/8/2019

HYUNDAI MOTORS INDIA LTD. & ANR. - Complainant(s)

Versus

FLORA EXPORTS & 2 ORS. - Opp.Party(s)

M/S. SRIVASTAVA & ASSOCIATES

23 May 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
EXECUTION REVISION PETITION NO. 8 OF 2019
 
(Against the Order dated 28/01/2019 in Appeal No. 48/2018 of the State Commission Haryana)
1. HYUNDAI MOTORS INDIA LTD. & ANR.
...........Petitioner(s)
Versus 
1. FLORA EXPORTS & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Petitioner :
Mr.Sukumar Pattjoshi, Sr. Advocate with
Ms.Moulshree Shukla, Advocate and
Mr.Varun Panta, A/R
For the Respondent :NEMO

Dated : 23 May 2019
ORDER

        Present Revision Petition has been filed against the order dated 28.1.2019, passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short “the State Commission”) in a Revision filed by the Petitioner arising out of an order passed by the District Consumer Forum in Execution Proceedings.  Even though a Revision Petition was filed  before the State Commission but as only an Appeal can be filed against an order passed by the District Consumer Forum n Execution Proceedings before the State Commission under Section 27A of the Consumer Protection Act, 1986, the Revision Petition filed before the State Commission, therefore, for all practical purpose has to be treated as an Appeal.

        In view of the order dated 6.5.2019 passed by the Supreme Court in Civil Appeal No.4631/2019 – Karnataka Housing Board vs. K.A. Nagamani , the Revision Petition is not maintainable.  Accordingly, the Revision Petition is dismissed as not maintainable, with liberty to the Petitioner to seek appropriate remedy in accordance with law.

 

 

        Amount of ₹15,78,500/- if deposited by the Petitioners before this Commission in terms of the order dated 5.3.2019 be refunded to them.

 
......................J
R.K. AGRAWAL
PRESIDENT

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