Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     This Revision Petition is directed against the direction dated 17.10.2007 passed in Execution Application No.29/2006 Mr.Suryaprakash S. Mishra, Through C.A. Vedprakash S. Mishra v/s Mr.Chhagan Singh & Ors., by District Consumer Disputes Redressal Forum, Mumbai Suburban (‘Forum below’ in short). 

     In another execution proceeding under section 25 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’), Forum below was pleased to direct to transfer possession of the disputed property of Flat No.13(C) in favour of Registrar of Forum below till the parties at dispute, resolve their dispute finally and with this observation execution application stood disposed of.

     As far as execution application under section 25 of the Consumer Protection Act, 1986 is concerned, to grant relief of possession, i.e.physical taking over and handing over possession is not contemplated.  Moreover, there is no empowerment is given under section 25 of the Act to Forum below to take possession of the disputed property till the parties settle their dispute.  In fact, settlement of dispute is the job entrusted to the Forum below within the fore corner in Act.  It is stated that dispute is already settled as per final order passed in the main matter.  The execution application to get executed the order passed is preferred thereafter.  Therefore, by such course adopted by the Forum below is per se erroneous and without any empowerment and thus, the direction given vis-à-vis disposing the execution application is illegal and such order cannot stand in the eyes of law.  We hold accordingly and pass the following order:

O  R  D  E  R

       (i)     Revision Petition is allowed.

     (ii)     Impugned order dated 17/10/2007 passed by Forum below is set aside.

   (iii)     The execution application no.29/2006, in the light of the observations made above, be restored to file.

   (iv)     Forum below is further directed to hear both the parties, to take appropriate steps under the Act, and to dispose of the execution application according to law.

     (v)     Both the parties shall appear before the Forum below on 07.12.2010.

   (vi)     Revision Petition disposed of.