NCDRC

NCDRC

RP/1887/2019

DEBENDRA PADHI - Complainant(s)

Versus

TATA MOTORS FINANCE LIMITED - Opp.Party(s)

IN PERSON

30 Sep 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1887 OF 2019
 
(Against the Order dated 05/07/2019 in Appeal No. 517/2018 of the State Commission Orissa)
1. DEBENDRA PADHI
S/O. LATE PARIKHITA PADHI, AT BALIGHAT, PURI KONARK MARINE DRIVE ROAD, P.S. KHUMBHARPARA, P.O. PURI 2,
DISTRICT-PURI
...........Petitioner(s)
Versus 
1. TATA MOTORS FINANCE LIMITED
REP. THROUGH MANAGER,BHUBANESWAR BRANCH AT KESHARI TALKIES COMPLEX, UNIT III,KHARAVELA NAGAR,BHUBANESWAR
DISTRICT-KHURDA
ODISHA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :NEMO
For the Respondent :

Dated : 30 Sep 2019
ORDER

        Present Revision Petition has been filed against the order dated 5.7.2019, passed by the Orissa State Consumer Disputes Redressal Commission, Cuttack (for short “the State Commission”), whereby the Appeal preferred by the Petitioner herein against the order dated 21.9.2016 passed by the District Consumer Disputes Redressal Forum, Puri (for short “the District Forum”) in Execution Case No.19/2014 has been dismissed.

        In view of the law laid down by the Hon’ble Supreme Court in Karnataka Housing Board Vs. K.A. Nagamani - AIR 2019 SC 2290, Revision Petition against an order passed by the State Commission in proceedings arising out of Execution cases is not maintainable and this Commission has no jurisdiction to entertain a Revision under Section 21(b) of the Consumer Protection Act, 1986.

        Thus the present Revision Petition is dismissed as not maintainable.

        It will, however, be open to the Petitioner to seek appropriate remedy in accordance with law.  Office to communicate this order to the Petitioner, who has sought exemption of personal appearance.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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