Karnataka

StateCommission

A/1713/2018

Syed Nizam Ali, - Complainant(s)

Versus

Mohanlal, - Opp.Party(s)

Aslam Khan

25 Oct 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/1713/2018
( Date of Filing : 25 Oct 2018 )
(Arisen out of Order Dated 15/09/2018 in Case No. EA/118/2018 of District Mysore)
 
1. Syed Nizam Ali,
Managing Director, M/s Mysore Home Developers Pvt. Ltd., No.545, 2nd stagge Main road, Rajiv Nagar, Mysore-570019.
...........Appellant(s)
Versus
1. Mohanlal,
S/o Late Dhanaram, Terekanambi village, Chamarajanagar Dist.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 25 Oct 2023
Final Order / Judgement

Dated: 25.10.2023

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER:

  1. This is an appeal filed by Jdr aggrieved by the order passed by Executing Forum in EA/118/2018 on the file of District Consumer Disputes Redressal Forum, Mysuru.

 

  1. The Dhr has obtained an award against Jdr/appellant herein filed an application U/s 27 of Consumer Protection Act, 1986 seeking execution to satisfy the award as directed by the Forum in the complaint case and when the appellant/Jdr has failed to comply with the directions issued under award, Forum below proceed to take coercive steps to satisfy the award which of course is the procedure contemplated U/s 27. No doubt Sec.27-A of Consumer Protection Act, 1986 provides for preferring an appeal passed  under  section 27(1), but facts remain, herein this appeal no such order has been passed which could be examined U/s 27-A.  In such circumstances, entertaining such appeal would be said stalling of execution proceedings.  Hence proceed to dismiss the appeal with no order as to cost.

 

  1. The amount if any in deposit is directed to be transfer to Commission below for needful.

 

  1. Send a copy of this Order to the District Commission and parties to the appeal.

 

 

        Judicial Member                                          President

*GGH* 

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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