NCDRC

NCDRC

ERP/25/2014

THE MANAGER (DEPOT), FOOD CORPORATION OF INDIA & 3 ORS. - Complainant(s)

Versus

SUKHAN KAUR @ SUKHAN DEVI - Opp.Party(s)

MR. RAJEEV SHARMA & MS. ANURADHA SHARMA

04 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
EXECUTION REVISION PETITION NO. 25 OF 2014
 
(Against the Order dated 01/10/2013 in Appeal No. 40/2013 of the State Commission Punjab)
1. THE MANAGER (DEPOT), FOOD CORPORATION OF INDIA & 3 ORS.
FOOD STORAGE DEPOT,SUNAM
PUNJAB
2. THE AREA MANAGER, FOOD CORPORATION OF INDIA,
DISTRICT OFFICE,
SANGRUR
PUNJAB
3. THE EXECUITVE DIRECTOR (NORTH ZONE),
FOOD CORPORATION OF INDIA, ZONAL OFFICE, (NORTH), A-2A, A-2B, SECTOR-24
NOIDA
U.P
4. THE ASSITANT GENERAL MANAGER (CPF-L))
FOOD CORPORATION OF INDIA,, HEAD QUATERS, CPF DIVISION, BARAKHAMA LANE,
NEW DELHI
...........Petitioner(s)
Versus 
1. SUKHAN KAUR @ SUKHAN DEVI
WD/O SHRI NAYAK CHAND, R/O NEAR HANUMAN MANDIR, SUNAM
DISTRICT : SANGRUR
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Rajeev Sharma, Advocate
For the Respondent :

Dated : 04 Mar 2014
ORDER

 

            Challenge in this Execution Revision Petition is to order dated 01.10.2013 passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short “the State Commission”) in Revision Petition No. 40 of 2013, whereby the State Commission has dismissed the revision petition filed by the Food Corporation of India (for short “the petitioner”), questioning the correctness of order dated 21.06.2013 passed by the District Consumer Disputes Redressal Forum, Sangrur (for short “the District Forum”) in Execution Application No. 41 of 2013.  By the said order, the District Forum, in exercise of its jurisdiction under Section 27 of the Consumer Protection Act, 1986 had issued bailable warrants against the senior functionaries of the petitioner/Food Corporation of India on account of their non-compliance with the notices issued to them by the District Forum. 

            The short grievance of the petitioners is that the entire amount towards the claim of the decree holder, respondent herein, as awarded by the District Forum vide order 17.10.2011 and modified by the State Commission vide order dated 20.03.2013, having been paid, the District Forum was not justified in issuing bailable warrants against three top functionaries of the petitioner/Corporation, more so when one of its senior officers was present before it.

            Having heard learned counsel for the petitioners/Food Corporation of India and perused the record, we deem it appropriate to dispose of this Execution Revision Petition with a direction that if the Area Manager of the petitioner/Food Corporation of India, District Sangrur files an affidavit within two weeks from today, before the District Forum, giving the details of the amount(s) paid by the petitioners/Food Corporation of India to the complainant in terms of the aforesaid orders, with a further undertaking that if any further amount is found to be due to the complainant in terms of the said orders, the same shall be paid within the time as may be granted by the District Forum, the bailable warrants issued by the District Forum shall not be executed till the next date before the District Forum. 

In view of the statement of learned counsel for the petitioners/Food Corporation of India, as noted above, the amount of Rs.1,70,000/- deposited with the State Commission may not be released to the complainant till further orders by the District Forum.

Let the case be listed before the District Forum on 24.02.2014 for compliance and further directions.        

The Execution Revision Petition stands disposed of on the above terms.  Dasti.   

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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