A/08/04                                                                                  

Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

1.      None is present for the appellant. Appellant and his counsel Mr Meghe are absent.  Today, the respondent is present. 

2.      We perused the impugned order passed by the District Consumer Forum, Chandrapur below Exhibit No.15 in execution application vide MA/30/07.  The award came to be passed against the appellant in CC/43/07, whereby the Society and its Chairman were directed to refund the amount of Rs.40,000/- with interest @ 9% p.a.  The Forum below also directed the Society to pay Rs.2,000/- for physical & mental agony and Rs.1,000/- as cost of proceedings.  This order was not complied with nor an appeal was filed against the said order by the o.p.

3.      1Since this award is not complied with by the o.p., complainant filed MA/30/07 u/s 27 of CPA 1986.  In the said proceedings the appellant / o.p. Mr Mahadeo Dakhane filed application for deleting his name from the award. This application came to be rejected by passing an order below Ex.15 on 14.12.2007.  Aggrieved by this rejection, the appeal came to be filed by the appellant – Mr Mahadeo Dakhane.

4.      It is pertinent to note that in executing proceedings an application as filed below Ex.15 by Mr Mahadeo was not tenable in law.  He should have filed an appeal against the judgment and award passed by the Forum in CC/43/07. He did not challenge the same award by filing an appeal but in execution proceedings, when the Forum had issued warrant on him, he filed application below Ex.15 and requested that his name should be deleted from the array of o.ps and to that extent; he sought review of the order. 

5.      The Forum below has rightly held that such review is not tenable before the Forum.  The Forum below relied upon the judgment of National Commission in the case New India Insurance Co Ltd.  Vs. Harvanshkumar Arora - reported in III 2001 CPJ - 38 (NC). In that case, the similar situation arose. The Insurance Co challenged the order in execution proceedings and had contended that the total compensation was wrongly calculated by the District Forum and therefore, they had filed review petition and the same was rejected.  The National Commission held that as judgment & award passed by the District Forum became final since not challenged in appeal, it cannot be modified in execution taken u/s 25 or 27 of CPA.   This ruling is squarely applicable to the facts & circumstances of this case. An application below Ex.15 in the execution proceedings u/s 27 of CPA, came to be filed by Mr Mahadeo, President of Vaibhav Nagari Sahakari Sanstha, Chandrapur to seek deletion of his name from the array of the o.ps, was rightly rejected by the Forum.

6.      As such, filing of review application, seeking some modification in execution proceedings filed u/s 27 of CPA, is not tenable in law and therefore, we dismiss the present appeal.

ORDER

1.      Appeal is dismissed

2.      No order as to costs.

3.      Copies of this order be supplied to the parties free of cost.

          Pronounced on 08.04.2011