Date of Filing :11.04.2023

Date of Disposal :04.06.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:04.06.2024

PRESENT

Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE (R )-

JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

REVISIONPETITION NO.11/2023

Mr. R.Thanaji Rao Pawar

S/o Late Rama Rao Pawar

Aged about 69 years

R/o Thanaji Frame Works

Gandhi Bazar, Shivamoga

(By Mr. S Ashok, Advocate)                                              Petitioner

-Versus-

1. Mr Pavan

    S/o Late S.A.Muralidhara

2. Mrs.Ashwini

    D/o Late S.A.Muralidhara

3. Mr Sachin

    S/o Late S.A.Muralidhara

    All are Resident of

    Opp. Vasan Eye Care Hospital

    Kuvempu Road

    Shimogga.                                                                     Respondents

ORDER:-

Mr. K B. SANGANNANAVAR:JUDICIAL MEMBER

1.       This is a Revision Petition filed under Section 47 (i) (b) of CP Act, 2019 to revise the Order dated 13.01.2023 passed in Execution Application No.21/2021 by District Consumer Disputes Redressal Commission, Shivamogga.

2.       The Commission examined the grounds of Revision, papers enclosed to the Revision Petition and heard the learned counsel.

3.       Learned counsel submits that Revision Petitioner has obtained an award against OPs in CC No.474/2012 on the file of District Consumer Disputes Redressal Forum, Shivamogga to recover Rs.3 lakhs along with interest thereon as per order dated 30.08.2014 and in order to recover the said amount, filed Execution Petition in EA No.21/2021, with particulars what has to be executed, since the award has reached to its finality under Appeal No.1264/2014 and 1281/2014 dated 13.12.2018. In the meanwhile, J.Dr Mr. S.A Muralidhara died and his Legal representatives are brought on record in the EA petition  to recover award amount along with interest and costs, hence Decree Holder had requested the Executing Commission to invoke the provisions of Section 71 of CP Act 2019 which provides for Enforcement of orders of District Commission, State Commission and National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act.   Further Section 72 provides for – imposing of penalty for non-compliance of the order.  In this regard, learned counsel for Petitioner rightly submits that as J.Dr died during the pendency of the proceedings and his Legal representatives brought on record against whom section 72 of CP Act, 2019 cannot be invoked and the District Commission without noticing the legal consequences of Section 72, ordered to reject the request of the Decree Holder to attach the immovable property which was furnished, which in our view, is contrary to the mandatory provisions of Section 71 of CP Act.  Learned Counsel submits that the property to be attached  was furnished to the Executing Commission is valued more than crore rupees, whereas the amount to be recovered under EA is only Rs.3 lakhs along with interest and litigation costs and the charge on the said property as found in EC is only to an extent of Rs.5 lakhs entered in the year 2014 and it is not known whether J.Dr or his legal representatives have discharged the said loan or not which would be disclosed through them only after attaching the said property, was not considered by the District Commission could be acceptable. We have to observe herein that the District Commission to hold an enquiry to find out whether the Jdr and his legal heirs have discharged the charged amount and also to find out whether the said property is now in the hands of legal heirs of Jdr. However the   District Commission, while in execution, instead to execute its own award rejected the request to invoke the provisions of S.71 forgetting the object of the Consumer Act and has failed to protect the     interest of consumers, is not all appreciated from any angle. 

           In the above such view of the matter, we proceed to allow the Revision Petition.  Consequently, set aside the impugned order dated13.01.2023 passed in Execution Application No.21/2021 by District Consumer Disputes Redressal Commission, Shivamogga and directed the Executing Commission to exercise powers vested under Section 71 of CP Act, 2019 which also provides to invoke the provisions of Order XXI to attach either movable or immovable properties. The DCDRC is directed to expedite the recovery proceedings to protect the interest of consumer.

4.       Send a copy of this Order to the District Commission and the parties concerned.

     Lady Member                          Judicial Member

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