ORDER

Per : Md. Shamim Akhtar, Judicial Member

Dated-09.05.2024

1. The Appellant has filed the present appeal against the order dated 26.09.2018 passed by the Learned District Consumer Forum, Arwal in Execution Case no-08/2018 whereby and where under  the prayer of the Appellant to recall the order  dated  21.07.2018 passed in  the said Execution  Case no- 08/2018 was rejected.
2. The case of the Appellant in brief as it appears from the memo of appeal is that he filed  the Execution case no.- 08/2018 before the Learned District Consumer Forum, Arwal  for Execution of the  order dated 28.04.2018 passed in complaint case no.- 17 o f 2017.During the pendency  of the Execution case the Learned counsel for the Appellant Decree Holder on 21.07.2018,filed an application for withdrawal of the said Execution case on the   ground that  negotiation for  compromise in the case is going on  and prayer was made  to permit the petitioner to withdraw the said Execution case. In view  of the prayer made the further proceedings of the said  Execution   case was dropped on the ground of  its withdrawal. Thereafter  on 26.09.2018 the Appellant himself filed a petition before the learned Forum to recall  the order dated 21.07.2018 on   the grounds that his learned counsel Sri Umeshwar Singh, Advocate without his consent  has withdrawn the said Execution case no.- 08/2018 by stating  that there is a talk of compromise in the case.
3.  After hearing the  Learned District Consumer Forum, rejected the prayer of the Appellant by order dated 26.09.2018.
4. Being aggrieved and dissatisfied with the impugned order  the Appellant  has filed  the  present appeal mainly on the ground   that  learned counsel for the Appellant without his consent and without given  information withdrawn the Execution Case no.- 8/2018. Prayer is made to set aside the impugned order.
5. We have heard learned counsel for both the sides. Also perused the records including the written notes of argument filed by the parties.
6. We do not find any illegality or irregularity in the impugned order dated 26.09.2018 passed by the Learned District Consumer Forum, Arwal.
7. In the result, we dismiss the appeal. No costs.
8.    A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act, 2019. The order be uploaded forthwith on the confonet of the State Commission.

Let the file be consigned in the record room along with copy of this order.

(Md. Shamim Akhtar)                                                                                (Gita Verma)

    Jud. Member                                                                                          Jud. Member

Anita