PER SHRI.P.N.KASHALKAR, JUDICIAL MEMBER

Heard Adv.Shrikant Savji for the appellant. This appeal has been filed against the order passed by District Forum,Akola in execution proceeding No.87/03 dated 29/1/11 whereby forum below took cognizance of the complaint filed under section 27 of the C.P.Act and directed the appellant to appear before the District Forum to answer particulars of offence.

            Initially complainant had filed consumer complaint No.364/2000 which was allowed by the Forum and the appellant/Opponent was directed to refund the amount of Rs.25,000/- to the complainant with interest @1.60 % per month from 30.1.2001. The Opponent had not filed any appeal against the said judgment and award, but he also did not comply with the award and hence Respondent/Original complainant Mr.Vishwanath Thakre and others filed execution proceeding No.87/03 in District Forum,Akola who passed  impugned order dated 29/1/11 directing the appellant to appear before the District Forum to answer particulars of offence. Aggrieved by this summoning of the appellant to answer the charges this appeal has been filed.

            We are of the considered view that this appeal U/s 17(2) is not tenable in law because the Forum below has not passed any order except that it had taken cognizance of the criminal complaint filed under section 27 and has asked the appellant to appear before it to answer particulars of offence. This summoning of the appellant in the criminal complaint filed by the Respondent U/s 27 is not tantamount to passing of any order appealable under Section 17(2) of the Consumer Protection Act. Therefore, this appeal as filed by the appellant/Original judgment debtor appears to be without any merit and hence we are inclined to dismiss the same. Hence the order…

                                                            ORDER