This revision petition has been preferred against the order dated 01.10.2014 passed by the District Forum, Haridwar in execution application No. 33 of 2014, whereby the District Forum has directed for issuance of recovery certificate against the revisionists.  In the impugned order, it has been stated that as the revisionists – opposite parties have not complied the order dated 06.12.2010, whereby the consumer complaint No. 22 of 2010 was decided on merit by the District Forum and, as such, the recovery certificate for cost of one air conditioner be issued against the revisionists.

We have heard the learned counsel for the revisionists and perused the record.  None appeared on behalf of the opposite party – complainant inspite of sufficient service through publication.

Vide order dated 06.12.2010, whereby the consumer complaint was decided, the District Forum has directed the opposite party – complainant to pay Rs. 3,000/- to the revisionists – opposite parties and thereafter the revisionists shall exchange the old air conditioner with new old conditioner.  In the impugned order dated 01.10.2014, whereby recovery certificate has been directed to be issued against the revisionists, it has nowhere been stated that the opposite party – complainant has complied with the precondition regarding replacement of air conditioner and has paid sum of Rs. 3,000/- to the revisionists.  The District Forum has directed the issuance of recovery certificate without mentioning the cost of the air conditioner.  How the Collector can determine the cost of the air conditioner.  There is no mention of the cost of the air conditioner in the impugned order passed by the District Forum.  Therefore, the impugned order dated 01.10.2014 passed by the District Forum directing for issuance of recovery certificate against the revisionists, is bad in the eyes of law, as the District Forum has exercised the jurisdiction illegally and can not be sustained.

Consequently, the revision petition is allowed.  Order impugned dated 01.10.2014 passed by the District Forum is set aside.  However, the District Forum may proceed under Section 27 of the Consumer Protection Act, 1986 in accordance with law.  The statutory amount of Rs. 15,500/- deposited by the revisionists at the time of filing First Appeal No. 289 of 2014, which has been converted into the present revision petition by order dated 17.11.2016 passed in the said appeal, be released in their favour.  No order as to costs.