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Revision Petition Against Appeal In Enforcement Proceedings In Consumer Complaint Not Maintainable

In K A NAGAMANI vs NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, the question before the Supreme Court was whether a Revision Petition under Section 21 of the Consumer Protection Act is maintainable against an order passed by the State Commission in an appeal preferred against an order of the District Forum with regard to enforcing the orders passed in respect of the consumer complaint. The petitioner contends that the proceedings to enforce an order passed in a consumer complaint is not an order in a consumer dispute and, therefore, a Revision Petition under Section 21 of the Act to challenge such order(s) would not lie before the NCDRC.

The background to the matter is that a claim for compensation demanded by the petitioner reached the Supreme Court and the order of the Supreme Court was transmitted to the District Forum for enforcement of the order. The only controversy arising before the District Forum was with regard to the calculation of the amount payable to the petitioner. The decision of the District Forum was objected to by the Respondent and the matter after going through District, State & National forum again reached the Supreme Court with the petitioner objecting that a Revision Petition under Section 21 of the Act is not maintainable against an order of the State Commission passed in appeal
relating to enforcement of an order.

The Supreme Court agreeing with the petitioner held that as nature of enforcement proceedings is materially different from the proceedings for adjudication of the dispute. Any orders passed for enforcement of orders passed by the District Forum, State Commission or NCRDC cannot be construed as orders passed in a consumer dispute‘ that stands finally adjudicated. There is no doubt that proceedings for enforcement of orders is also part of the proceedings initiated by a complainant. However, that does not mean that orders passed in the context of enforcement of the orders adjudicating the consumer dispute, are also orders in that consumer dispute. Therefore NCDRC would have no jurisdiction to entertain the Revision Petition against the orders of the State Commission passed in appeal against the order of the District Forum.

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