Dtd.12.05.2023                                        A/771/2023

O R D E R

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.73 of CPA 2019 by Complainant/Dhr/Appellant aggrieved by the order dtd.20.03.2023 passed in EA/37/2022 on the file of Mysuru District Commission.
2. Heard the learned counsel for Appellant. Perused the order dtd.18.05.2022 passed in CC/313/2021 and impugned order dtd.20.03.2023 passed in EA/37/2022. Accordingly found satisfied to dispense with issuance of appeal notice.
3. Learned counsel for Appellant submits that EA/37/2022 is filed to execute the award passed in CC/313/2021, yet proceed to dismiss the EA passing impugned order. Appellant/Dhr has to proceed against his neighbour and not against Jdr and he cannot collect evidence by use of Jdrs. Contrary to the mandate of the order dtd.18.05.2022 passed in CC/313/2021 wherein District Commission itself directed OPs to collect prescribed fee and to get it fix the boundaries to the site bearing no.4018 measuring 30’x40’ is contrary to the facts and mandate of the award under EA has some considerable force. Hence, we hold finding of the Commission below that he seizes to be the consumer of the Jdrs is not correct. Hence proceed to set aside the order dtd.20.03.2023 with a direction to readmit EA/37/2022 and proceed to implement the order passed in CC/313/2021 dtd.18.05.2022. District Commission to bear in mind that so far no appeal is filed by OP.1 & 2/Jdrs assailing the order dtd.18.05.2022 passed in CC/313/2021. The Commission below is directed to keep in mind the object of consumer laws and to see that how its order could be executed or else order passed by the Commission could be construed. A paper award or decree not only in the eyes of Ops but public at large. Hence we proceed to allow the appeal filed U/s.73 of CPA 2019 and remand back EA/37/2022 for the logical end in accordance with law.
4. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

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