LexKAMLESH AGGARWAL versus NARAIN SINGH DABBAS &ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
{2015] 2 S.C.R. 133
KAM LESH AGGARWAL
v.
NARAIN SINGH DABBAS &ANR.
(Civil Appeal Nos. 224-225 of 2015)
FEBRUARY 10, 2015
A
B
[V. GOPALA GOWDA AND R. BANUMATHI, JJ.]
Consumer Protection Act, 1986: ss.25, 27, 27A - Non-
allotment and non-registration of plot- District Forum by order
dated 17. 10. 2003 directed respondents to allot the plot and C
register the same in favour of appellant- Non-compliance -
Execution petition - Prayer to execute the order and punish
the respondents u/ss. 25 and 27- Subsequent allottee of the
plot filed application for impleadment as he was in possession
of plot - District Forum held its order dated 17. 10. 2003 to be 0
null and void - On appeal, State Commission held that it was
not open for the District Forum to revitJw the matter on merits
at the instance of the impleading applicc. .. , and declare its
earlier order as null and void and directed the District Forum
to proceed afresh with execution proceedings -
Fresh
execution application - District Forum directed compliance E
of order dated 17. 10. 2003 - Respondents filed review of said
order which was dismissed and respondents found guilty for
non-compliance of order dated 17.10.2003 and ordered
penalty u/s.27 - State Commission allowed appeal of
respondents holding that District Forum did not adopt the F
procedure of summary trial at the time of passing the order of
conviction and sentence as provided under Cr.PC. for non
compliance of order - National Commission dismissed the
appeals holding that there is no provision in the Act regarding G
filing of second appeal - Held: State Commission should
have remanded the matter to District Forum after setting aside
its order with a direction to proceed with the matter in
accordance with the procedure contemplated under Cr.PC.
133
H
134
SUPREME COURT REPORTS
,
[2015] 2 S.C.R.
A for taking penal action against the respondents - National
Commission rightly declined to exercise the power u/s. 21 to
set aside the order of the State Commission as no second
appeal is provided against the order of the State Commission
in view of sub-sec. 2 of s. 27 A - Therefore, the order of National
B Commission in holding that appeals filed by the appellant is
not maintainable, is legal and valid - Order of State
Commission is interfered with only to the extent in not
remanding the case to District Forum for passing an order in
accordance with law, as in not doing so, the right accrued in
C favour of the appellant will be lost.
Partly allowing the appeals, the Court
HELD: 1. The appellant, who is a consumer, has been
litigating the matter before the District Forum, State
D 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 made by the Awas
Samiti in her favour who is its member since 1962,
E therefore, it is proper to exercise power under Article
142 of the Constitution of India for the reason that the
State Commission has erred in not remanding the case
to the District Forum, after it has found fault with the
order of the District Forum in convicting and sentencing
F the officers of Awas Samiti who are the respondents for
not following the procedure as provided under the
Criminal Procedure Code and for that reason it is just
and proper to remand the case to the District Forum with
a direction to the District Forum to follow the procedure
G under Code of Criminal Procedure to initiate penal action
against the respondents under Section 27 of the Act for
non compliance of the statutory provisions. [Para 16]
[142-A-E]
2. The order passed by the State Commission is
H under Section 27A of the Act in the appeal against the
KAM LESH AGGARWAL v. NARAIN SINGH
135
DABBAS & ANR.
order of the District Forum which under Section 27(2) of A
the Act convicted and sentenced the respondents in the
execution proceedings for non-implementation of the
order dated 17 .10.2003. Therefore, in exercise of power
of this Court under Article 142 of the Constitution of India,
the order of the State Commission is modified to the B
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. Further, C
apart from initiating proceedings under Section 27 of theExcerpt shown. Read the full judgment & AI analysis in Lexace.