ORDER
Per – Hon’ble Mr. Justice R. C. Chavan, President
This is a transfer application filed by the Applicants/original Complainants. Additional District Consumer Disputes Redressal Forum, Pune had already passed an order in favour of the Complainants while allowing Consumer Complaint No.193 of 2011. Complainants took out proceedings under Section-27 of the Consumer Protection Act, 1986 since the Non-Applicant/Accused viz. original Opponent had not complied with the order passed by the District Forum. Proceedings under Section-27 of the Consumer Protection Act, 1986 bearing No.13 of 2012 were pending before the District Forum and were listed for hearing from time to time. It appears that the Non-Applicant/Accused had remained absent and, therefore, a non-bailable warrant of arrest was ordered to be issued as against the Non-Applicant/Accused on 28/06/2013, which was later on recalled since the Non-Applicant/Accused appeared after this order was passed. Thereafter, it appears that some steps to comply with the order put for execution were being taken, as can be seen from the order-sheets maintained by the District Forum till 07/02/2014. Applicants/Complainants filed present transfer application before this Commission on 17/06/2014, alleging that the District Forum does not record the objections taken by the Applicants and is siding with the Non-Applicant/Accused. Notice of this application was issued to the Non-Applicant/Accused. Applicants/Complainants had also been asked to file an affidavit to the effect that the presiding officer of the District Forum had asked the counsel for the Non-Applicant/Accused to file a criminal complaint as against the Applicants/Complainants.
[2] Non-Applicant/Accused had contested all these contentions. It appears that the counsel for the Applicants/Complainants, Adv. Bhandari had also refused to take the case of the Applicants/Complainants.
[3] We have heard at length Smt. Manda Kailash Shinde, Applicant/Complainant No.1 and Adv. B. G. Tangsali on behalf of the Non-Applicant/Accused. We have also carefully perused the material placed on record. We have also noted the observations of the District Forum in the order-sheet dated 08/08/2014. We have also noted conduct of Applicant/Complainant – Smt. Manda Kailash Shinde before us and the aggressiveness in her behaviour.
[4] We find that the District Forum may not have been wrong in making the observation about the behaviour of the Applicants/Complainants in the order-sheet dated 08/08/2014. However, considering the apprehensions of the Applicants/Complainants and the possibility of appearance of the Applicants/Complainants before the Additional District Consumer Disputes Redressal Forum, Pune resulting in scenes being created in the Forum, we would allow this application and transfer the execution proceeding from Additional District Consumer Disputes Redressal Forum, Pune to District Consumer Disputes Redressal Forum, Pune for disposal according to law.
Hence, we pass the following order:-
ORDER
Execution Application No.13 of 2012 pending on the file of Additional District Consumer Disputes Redressal Forum, Pune is hereby transferred to the file of District Consumer Disputes Redressal Forum, Pune for disposal according to law.
Without issuance of any further notice from the District Forum, Pune the parties shall appear before District Consumer Disputes Redressal Forum, Pune on 22nd December 2014.
No order as to costs.
Pronounced on 18th November, 2014
