Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CIVIL-Feb-16

Kamlesh Aggarwal Vs. Narain Singh Dabbas & Anr.

Head Note

The Consumer Protection Act,1986  - Section 13 (4) ,  (6) , Section 27 , The Code of Civil Procedure, 1908  - Order XXI Rule (32)

Order of District Forum - Execution - Section 27 of the Act, the alternative right is also available to the appellant to execute the order of the District Forum by invoking the provisions of Order XXI read with the Rule 32 CPC for seeking direction to the respondents to get sale deed in respect of the Plot No. 114, Village Khoda, Ghaziabad executed by the Navchetna Sahkari Awas Samiti Ltd. and register the same before the Sub- Registrar and put her in possession of the same in accordance with the aforesaid provisions - The execution is permissible in law are applicable to the District Forum to follow the procedure for execution of the order passed by it as the same will be in the nature of decree as defined under Code of Civil Procedure as the procedure contemplated under the said order read with Rule 32 which is a substantial procedural right of the appellant and the same can be invoked by her as the decree holder.

The Consumer Protection Act,1986  - Section 27 , Section 27-A

Penalty - Appeal - Order passed by District Forum sentencing and imposing penalty for not complying with the order of District Forum which attained finality - Order passed by the State Commission in appeal setting aside the order of the District Forum on the ground that summary procedure as required under Cr.P.C not followed - Challenged by appellant was not interfered with by the National Commission holding that second appeal is not maintainable - Held that that no remedy is available to the appellant against the order of the District Forum even under Section 24 of the Act - Appellant consumer has been litigating the matter before the District Forum, State Commission and the National Commission for the last 17 years to get her legitimate right of getting the sale deed registered in respect of the allotted site - In exercise of power under Article 142 of the Constitution of India, the order of the State Commission modified to the extent of remanding the case to the District Forum to execute the decree and take penal action against the respondents by following the procedure under Section 262 read with Chapter XX and Section 251 of the Code of Criminal Procedure in accordance with law.

Topic(s)-Non compliance of order - Execution of order with penal action directed

Important Decision(s)- Section 27 of the Act, the alternative right is also available to the appellant to execute the order of the District Forum by invoking the provisions of Order XXI read with the Rule 32 CPC.







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