Per Smt. Jayshree Yengal, Hon’ble Presiding Member.

          Heard Adv.Mr.Khare for the revisionist. This revision is directed against the order passed by the Additional District Consumer Forum, Nagpur in EA/09/41 on 08/04/2011. Vide this order the Forum has observed that in view of the stay granted on 05/10/2009 in appeal No. 504/2009 granting ad interim stay and thereafter there being no order passed by the State Commission either vacating the stay or any other such order indicates that ad-interim stay granted on 05/10/2009 is in operation  and therefore proceeding under Section 27 of the Consumer Protection Act, 1986 were adjourned for further orders.

          It is submitted by the counsel for the revisionist that the order passed is in contravention to the regulation no. 17 under Consumer Protection Regulation, 2005 which clearly mentions that any ex-parte interim order issued by the Consumer Forum shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.

           It is further submitted by the counsel for the revisionist that such ad interim stay cannot be continued without any confirmation and in the present case it is not confirmed as per regulation 17 under Consumer Protection Regulation, 2005.

          We find much force in the argument put forth by the counsel for the revisionist and accordingly we pass the following order.

                                                                                                                 Order

1.      Order dated 08/04/2011 passed in execution application EA/09/41 in  Complaint No. 84/2008 set aside.

2.      Ad-interim stay granted on 05/10/2009 in appeal No. 504/2009   stands vacated.

3.      No order as to cost.

Delivered on 07/10/2011.