16-08-2022

COMMON ORDER ON THE TRANSFER APPLICATION OF JUDGEMENT DEBTOR/PETITIONER

BY SMT. SUNITA C.BAGEWADI – MEMBER

The Transfer Application Nos.08/2022 to 107/2022 have been filed by the Judgment Debtor/Petitioner prays to transfer the Execution Petitions pending before the Principal District Consumer Disputes Redressal Commission, Bengaluru to the 3^rd Additional District Consumer Disputes Redressal Commission, Bengaluru Urban District, Bengaluru, in the interest of justice and equity.     

2. In the Transfer Applications, the Judgment Debtor submits that, in the compliance of the District Consumer Commission order, they are ready to refund of the amount. However, due to Covid-2019 and consecutive lock downs the business of the Judgment Debtor is under loss and even though Judgment Debtor is making part payment to the Decree Holder. Despite that without providing opportunity, the Principal District Consumer Commission ordered to issue NBW and proclamation against the Judgment Debtor and this type of attitude of the Principal District Commission causes hardship and inconvenience to the Judgment Debtor. Further Judgment Debtor submitted that, if all the execution petitions pending before the Principal District Consumer Disputes Redressal Commission, Bengaluru transfer to 3^rd Additional Consumer Disputes Redressal Commission, Bengaluru, there is possibility of settlements by either part payment or providing of alternative sites. Further submits that, there is no breathing time to arrange the amount, the Principal District Commission given date weekly and their submission was not considered by the Principal District Consumer Commission and even Judgment Debtor also agreed the settlement but without considering the Principal District Commission forcible issued NBW and proclamation and also cost of Rs.5,000-00 and Rs.10,000-00 to the Judgment Debtor. Without considering the stay order of the Hon’ble State Consumer Commission, the Principal District Consumer Commission has passed the order of NBW and prays to transfer the execution petition pending before the Principal District Consumer Commission, Bengaluru to the 3^rd Additional District Commission, Bengaluru because the cause of action is the same in all execution petitions.

3. Perused the transfer application, we noticed here that, the many Execution petitions are pending before the Principal District Consumer Commission, Bengaluru and the 3^rd Additional District Commission, Bengaluru on same cause of action, As per Judgment Debtor they are making the part payments to the Decree Holder in executions. However, without considering the submission of the Judgment Debtor that Judgment Debtor agreed for settlement, forcibly the Principal District Consumer Commission has issued NBW and proclamation against the Judgment Debtor and also costs, even though there is stay of the Hon’ble State Consumer Commission, Bengaluru.

 4. As per Section 48 of Consumer Protection Act 2019, it reads as under:

“48. On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires”.

5. In the present cases, the Judgment Debtor filed an application before the Hon’ble State Consumer Commission to transfer the Execution petitions not the Decree Holders/complainants and this Commission has no power to transfer the Execution Petitions to one District Commission to another District Commission on the application of Judgment Debtor. Moreover, in the Execution petitions there is only penalty clause, there is no provision for installment. However, for equity and justice the District Consumer Commission has rendered opportunity to the Judgment Debtor, hence remedy to the Judgment Debtor is only to comply the order pass by the District Consumer Commission.

6. Hence, considering the facts, discussion made here, we are of the opinion that, the Hon’ble State Consumer Commission has no power to transfer the Execution Petitions which are pending before the Principal District Consumer Commission, Bengaluru to the 3^rd Additional District Consumer Commission, Bengaluru. Hence, we hereby dismissed the Transfer application of Judgment Debtor/petitioner.   Accordingly, we proceed to pass the following: 

O R D E R

The Transfer Application Nos.8/2022 to 107/2022 filed by the Judgment Debtor /Petitioner is hereby dismissed. 

The original of this order shall be kept in Transfer Application No.08/2022 and a copy of same shall be kept in Transfer Application Nos.09/2022 to 107/2022.

Send a copy of this order to both parties as well as concerned District Commission.

Lady Member.                                            Judicial Member.