Heard the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that they have challenged the impugned interim order dated 20.03.2023 wherein the learned District Commission has held that the applicant has not chosen the correct mode of execution as prescribed under the relevant section of CPC, when there is clear petition filed U/S 71 & 72 of C.P.Act,2019.Therefore, he submitted to interfere with the impugned interim order and pass appropriate order.
3. Considered the submission. We have gone through the impugned order dated 20.03.2023 which as follows:-
“ xxx xxx xxx
DHr is present. Perused the office note. The DHr has filed an execution application wherein, the applicant has not chosen the correct mode of execution as prescribed under the relevant section of CPC. Put up on 11.04.2023 for removal of defect by the Dhr.”
4. The above aforesaid order and the copy of the execution petition filed before the learned District Commission vide Annexture-3 clearly show execution case is filed for the enforcement of the order u/s 71 of C.P.Act, 2019. There is no provision under the Consumer Protection Act for enforcement of the order under the C.P.C. However, we hereby direct the learned District Commission to accept the petition and proceed in accordance with law. Section 71 and 72 of C.P.Act prescribed the mode of execution. Section-71 refers to enforcement of the order passed by the learned District Commission under Consumer Protection Act,2019 of course following appropriate provision of C.P.C.. Section-71 prescribed the manner of execution of the decreed order. Therefore, we hereby direct the learned District Commission to proceed in accordance with law after going through the execution case which is filed essentially us/ 71 of C.P.Act, 2019. If decree is not satisfied by following section 71 of C.P.Act, 2019, District Commission may proceed u/s 72 of C.P.Act, 2019. But there is no bar to proceed both the modes at a time because provision of C.P.Act, 2019 is to accord justice to consumer at short span.
5. Revision petition is disposed of accordingly.
