Maharashtra

StateCommission

RP/10/129

SHRI SUBHASH BALARAM HAIBATI - Complainant(s)

Versus

SHRI K BIRAN KUTTI - Opp.Party(s)

PRADEEP B SAWANT

28 Oct 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Revision Petition No. RP/10/129
(Arisen out of Order Dated 31/08/2010 in Case No. EA /44/06 of District Sindhudurg)
1. SHRI SUBHASH BALARAM HAIBATI SUBHASH METALS HAVING OFFICE AT 222/2 BEHIND CORPORATION GARDEN GOODS SHED ROAD BELGAON MAHARASHTRA ...........Appellant(s)

Versus
1. SHRI K BIRAN KUTTI NEW GOLDEN BAKERY BHAJI MARKET AT POST TAL KANKAVLI SINDHUDURG MAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :

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ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

 

          Perused the impugned order.

          This is an execution proceeding under Section 27 of Consumer Protection Act, 1986.  Based upon the report of the Commissioner, it was alleged by the opponent/accused that the execution proceeding be dropped since the order in the consumer complaint, as modified in the appeal, has been complied with.  Executant takes an exception to the contention stating that the order passed in the consumer complaint as modified in the appeal has not been complied with and therefore, insisted upon for taking further proceeding in his execution application under Section 27 of Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’).  Considering this controversy, Forum below as per the impugned order opined that it would proceed further with the execution proceeding.  We find no fault with the Forum below for the course, which it adopted.  In fact these directions are not a matter of Revision, whereby, which reflects that the Forum below has decided to take cognizance of the offence under Section 27 of the Act.  Thus, finding the Revision Petition devoid of any substance, we pass the following order :-

                             -: ORDER :-

1.       Revision Petition is dismissed in limine.

2.       No order as to costs.

3.       Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 28 October 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member