NCDRC

NCDRC

RP/2003/2019

KULWANT SINGH PANESAR - Complainant(s)

Versus

RAM TRANSPORT FINANCE COMPANY - Opp.Party(s)

MR. KAUSTUBH SHUKLA & MR. ABHAY SINGH

05 Dec 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2003 OF 2019
 
(Against the Order dated 20/02/2019 in Appeal No. 36/2019 of the State Commission Chhattisgarh)
1. KULWANT SINGH PANESAR
THROUGH GENERAL POWER OF ATTORNEY SUNIL KUMAR SINGH THAKUR, S/O. SH. SHIVKUMAR SINGH, R/O. VILLAGE BEJALPUR TESHIL AND
DISTRICT-BEMETARA
CHHATTISGARH
...........Petitioner(s)
Versus 
1. RAM TRANSPORT FINANCE COMPANY
THROUGH BRANCH MANAGER, BLOCK NO. 82, FIRST FLOOR, INDIRA COMMERCIAL COMPLEX, BEHIND GAYATARIMANDIR, TRANSPORT NAGAR
KORBA
CHHATTISGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Petitioner :
Mr. Kaustubh Shukla, Advocate
For the Respondent :

Dated : 05 Dec 2022
ORDER

 Shri Kulwant Singh Panesar, Petitioner herein has approached this Commission by filing the present Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986  against the Order dated 20.02.2019, passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (hereinafter referred to as “the State Commission”), whereby the Appeal preferred  by the Petitioner herein has been dismissed at the motion stage itself.

The Appeal preferred by the Petitioner herein before the State Commission was against the interim Order passed by the District Consumer Disputes Redressal Forum, Raipur, Chattisgarh (hereinafter referred to as “the District Forum’) in Execution Proceedings.

In view of the law laid down by the Hon’ble Supreme Court in the Case of Karnataka Housing Board Vs. K.A. Nagamani, AIR 2019 SC 2290, this Commission has no power to exercise its Revisional Jurisdiction under Section 21(b) of the Consumer Protection Act, 1986, now replaced by Section 58(1)(b) of the Consumer Protection Act, 2019, as the Complaint Case is not pending.

Respectfully following the aforesaid decision, the present Revision Petition is dismissed as not maintainable, leaving it open to the Petitioner to take recourse to such remedy as is available to him under law.  

 
......................J
R.K. AGRAWAL
PRESIDENT

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