Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for both sides are present.
Heard them.
Being aggrieved by and dissatisfied with the Order No. 73 dt. 05.11.2019 passed by DCDRF, Baruipur, South 24 Pgs directing the J.dr Nos. 1, 2 & 3 to demolish the portion of the guard room and supply the Completion Certificate to the D.hr, the Appellant D.hr preferred this Appeal.
In the impugned order, the Forum below also directed the D.hr to extend cooperation to the J.drs for such demolition work, if asked for by the J.dr Nos. 1, 2 & 3.
As per Section 27(a) of the Consumer Protection Act 1986, an appeal may be preferred before this Commission against any Order passed under section 27 of the said Act imposing penalties by the District Consumer Forum.
The Section 27 of the Act runs like this.
27. Penalties.-
[(1)] Where a trader or a person against whom a complaint is made [or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be such trader or person [or complainant] shall be punishable with imprisonment for a term which shall not be less than one-month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.
But it appears from the impugned order that no penalty was imposed upon any person u/s 27 of the aforesaid Act.
So, in our view, the instant Appeal is devoid of merit. So, there is no scope to interfere with the impugned order.
Accordingly, the A/821/2019 is dismissed on contest. There shall be no order as to the costs.
Let a copy of the Order be sent to the Forum below.