STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/132/2018

               (Against the order dated 13-07-2018 in Execution Case No.

                       38/2014 of the District Consumer Forum, Etah )

M/s Kirloskar Oil Engineers Limited

Regd. Office Laxman Rao Kirloskar Road

Khadki, Pune-

                                                                                      ...Revisionist

                                                     Vs.

1. Maa Gayatri Arya Kanya Degree College

Jalesar, District Etah, U.P.

2. M/s Agrawal & Associate Engineers

3/3 Block No.5, Malviya Market

G. T. Road, Aligarh, U.P.

                                                                                      ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Revisionist         :   Mr. K K Srivastava, Advocate.

For the Opposite Party   :  

Dated :  13-08-2018

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri K K Srivastava, learned Counsel for the revisionist appeared.

We have heard learned Counsel for the revisionist and perused impugned order dated 13-07-2018 passed by District Consumer Forum, Etah in Execution Case No. 38 of 2014 Maa Gayatri Arya Kanya Degree College V/s M/s Kirloskar Oil Engineers Limited whereby the District Consumer Forum has rejected application moved by opposite party who is now revisionist seeking dismissal of execution case in full satisfaction.

It is contended by learned Counsel for the revisionist that the opposite party of the complaint has sent its mechanical team to remove defect of the generator set as directed by District Consumer Forum vide order under execution but the complainant who is now opposite party in revision did not cooperate with the team and did not furnish generator set for repairing. Thus, the revisionist/opposite party has complied the direction contained in judgment under execution passed by District Consumer Forum and the

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execution case should be dismissed in full satisfaction.

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

The judgment and order passed by District Consumer Forum in Complaint Case No. 39/2011 Maa Gayatri Arya Kanya Degree College V/s M/s Kirloskar Oil Engineers Limited and another which is under execution is dated 06-08-2014. Operative part of the judgment is extracted below in Hindi.

‘’ परिवादी का परिवाद अंशत: स्‍वीकार किया जाता है तथा विपक्षीगण को यह आदेशित किया जाता है कि वह अंदर एक माह उक्‍त जनरेटर को नि:शुल्‍क बिल्‍कुल सही स्थिति में पूर्ण रूप से गतिशील करा कर दे अथवा डिफेक्‍ट ठीक न होने की स्थिति में उसी मॉडल का दूसरा नया जनरेटर दें। परिवादी विपक्षीगण से मानसिक क्षतिपूर्ति मु. 5000/- रूपये वाद व्‍यय मु. 2000/- रूपये भी वसूल पा सकेगा। ‘’

The above order passed by District Consumer Forum shows that the District Consumer Forum has directed opposite party of the complaint now revisionist to get repaired generator of the complainant now opposite party in revision within one month from the date of judgment and in case of default the District Consumer Forum has ordered opposite party of the complaint to replace the generator. The District Consumer Forum has further ordered opposite party to pay compensation and cost to the complainant.

The opposite party has not complied the above order passed by District Consumer Forum regarding repairing of generator within period stipulated.

It is contended by learned Counsel for the revisionist that the certified copy of the judgment was obtained by revisionist/opposite party in year 2015 and thereafter he has sent his mechanic for repairing of the generator set in question.

Perusal of above order dated 06-08-2014 shows that it has been passed after affording opportunity of hearing to both parties and the opposite

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party now revisionist was aware of the judgment from the date of judgment and has not complied order of District Consumer Forum timely. The District Consumer Forum has righty rejected application moved by revisionist for dismissal of execution case in full satisfaction.

In view of above we are of the view that there is no sufficient ground to interfere in the impugned order passed by District Consumer Forum at this juncture.

The revision petition is dismissed in lemini.

Let copy of this order be made available to the parties within 15 days positively as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                               PRESIDENT

                                                                   ( MAHESH CHAND )

                                                                                   MEMBER

          Pnt.