Order No. 4

Ld. Advocate for the Judgement debtors/petitioners is present.

Ld. Advocate for the Decree holder is also present.

The Misc. Application dated 27/07/2023 is taken up for hearing.

Perused. Considered.

Heard both side.

Ld. Advocate for the Judgement debtors/petitioners submits that the instant Execution Case has been filed by the Decree holder in the year 2018 U/s 25 and Section 27 of the Consumer Protection Act, 1986.

The Consumer Protection Act, 1986 has since been repealed and the Consumer Protection Act, 2019 has come into operation by this time and as per provision of Section 107 of the Consumer Protection Act, 2019, the instant Execution Case U/s 25 and 27 of the Consumer Protection Act,1986 cannot be operated in respect of any action, if it is inconsistent with the provision of the Act, 2019.

It is further stated by the Judgement debtors/petitioners that Section 71 and 72 of the Consumer Protection Act, 2019 are the corresponding sections of Section 25 and Section 27 of the Consumer Protection Act, 1986. Therefore, in terms of Section 71 of the Consumer Protection Act, 2019 the instant Commission is required to execute the judgement passed in CC/558/2015 under the provision of order 21 of C.P.C.

In view of such, Section 72 is not applicable for execution of judgment passed in CC/558/2015 by this Commission. Therefore, the execution application is not maintainable in law and liable to be rejected.

In reply, Ld. Advocate for the Decree holder raised strong objection against the prayer of the Judgement debtors/petitioners.

On careful scrutiny of EA/229/2018 it appears the same has been filed by the Decree holder prior to repeal of Consumer Protection Act, 1986 under provision of Section 25 and Section 27 of the Consumer Protection Act, 1986.

However, the Decree holder has not preferred any prayer U/s 27 of Consumer Protection Act, 1986 in the execution application.

It further appears that the order dated 28/04/2022 passed by this Commission has been affirmed vide order dated 12/07/2023 passed in AEA/18/2022 by the Hon’ble W.B.S.C.D.R.C, Kolkata.

The Judgement debtors without complying the order passed by this Commission in CC/558/2015 has preferred the Misc. Application on the ground of maintainability of the execution application itself.

It is apparent on the face of the record that the execution application is maintainable in law and in its present form.

The Judgement debtors in order to adopt dilatory tactics has filed the instant Misc. Application on the grounds of non maintainability of the execution application.

Therefore, the Misc. Application is liable to be rejected.

Hence, it is

                                                O R D E R E D

that the Misc. Application dated 27/07/2023 is dismissed on contest with cost of Rs.5,000/- (Rupees five thousand) only.