Order on the Maintainability Application of the Accused
PER: Hon. Smt. Samindara R. Surve, President
1. The present Application has been filed by the Accused on the ground that in the present execution Application, the Order under execution of this Commission has been passed by the Hon’ble State Commission, therefore, the present Execution Proceedings have to be tried by the Hon’ble State Commission. The said Application of the Accused has been opposed by the Applicant. Heard the parties.
2. In the present proceedings, the Applicant initially filed the Complaint no.142 of 2017 before this Commission. This Commission by its Order dated 12th April, 2017 rejected the Complaint at the admission stage. The Applicant challenged the said Order dated 12th April, 2017 by filing First Appeal no.551 of 2017 before the Hon’ble State Commission. The Hon’ble State Commission by its Order dated 7th June, 2018 allowed the said Appeal, thereby allowed the Complaint no.142 of 2017. The Accused has submitted that as provided under section 27 of the Consumer Protection Act, 1986 where a trader or a person against whom a complaint is made or omits to comply with any order made by the District Forum, State Commission or the National Commission, as the case may such trader or person shall be punishable with imprisonment for a term which shall be punishable as provided therein.
3. In the present proceedings, the Applicant has sought to execute the Order dated 7th June, 2018 passed by the Hon’ble State Commission under the provisions of Section 27 of the Consumer Protection Act, 1986. On the plain reading of the provisions of said Section 27 of the Consumer Protection Act, 1986, since the execution proceedings have been filed for disobedience of the Order dated 7th June, 2018, passed by the Hon’ble State Commission,hence the execution proceedings would lie before the Commission, who has passed the Order, in the present case since the Order has been passed by the Hon’ble State Commission, the Execution Application would lie before the Hon’ble State Commission. Hence, the application filed by the Accused is allowed.
