Taken up through video conferencing.

1.      Learned proxy counsel appearing for the appellant in appeal execution no. 70 of 2021 requests for an adjournment, submitting that the learned counsel is not available.

2.      Perused the material on record, including inter alia the impugned Order dated 14.07.2021 of the State Commission and the memorandum of appeal.

3.      A reading of the Order dated 14.07.2021 of the State Commission shows that it has been passed in execution proceeding (in Execution Petition No. 10 of 2016). And a reading of the memorandum of appeal shows that appeal has been filed before this Commission under Section 19 of the Act 1986.

4.      Execution proceedings under Section 25(3) or Section 27(1) of the Act 1986 are distinctively different from adjudication of a ‘consumer dispute’, are separate independent proceedings. Section 19 of the Act 1986, as also Section 51(1) of the Act 2019, is in relation to a ‘consumer dispute’.

Appeal against an Order passed in execution proceedings under Section 25(3) or Section 27(1) of the Act 1986 is not maintainable under Section 19 of the old Act 1986 (since repealed) or under Section 51(1) of the new Act 2019 (in force).

5.      As such the present appeal no. 70 of 2021, preferred under Section 19 of the Act 1986 (erroneously labelled as ‘appeal execution’), is not maintainable.

6.      There appears no need to provide an adjournment. A perusal of the record is sufficient to conclude that the appeal is not maintainable. The request for adjournment is politely declined. Also, there appears no need to trouble the learned counsel for the respondents / caveator for his arguments.

7.      The appeal, f.a. no. 70 of 2021, is dismissed as not maintainable.

8.      This Commission has not gone into the merits of the matter. As such remedy as may be available under the law can be sought by the appellant apropos the Order dated 14.07.2021 of the State Commission.

9.      The Registry is requested to send a copy each of this Order to all parties in the appeal within three days. The stenographer is also requested to upload this Order on the website of this Commission immediately.