Revision Petition Before NCDRC Not Maintainable Against An Order Passed In Execution Proceedings: SC [Read Judgment]

The bench comprising Justice UU Lalit and Justice Indu Malhotra observed that orders passed for enforcement of the final order in the Consumer dispute, cannot be construed to be orders passed in the 'consumer dispute'.

The court held thus while upholding a Delhi High Court judgment that had set aside an NCDRC order passed in a Revision Petition filed by the Karnataka Housing Board against an appeal filed before the State Commission, in Execution proceedings.

Execution Proceedings Are Not Continuation Of Original Suit

Affirming the view of full bench of Andhra and Patna High Court, the bench said that Execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit.

"Execution proceedings are separate and independent proceedings for execution of the decree. The merits of the claim or dispute, cannot be considered during execution proceedings. They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute. "

Revisional Jurisdiction Only With Respect To Pending/Disposed 'Consumer Dispute'

The court noted that under Section 21(b) revisional jurisdiction conferred on the National Commission is with respect to a pending or disposed of 'consumer dispute' before the State Commission. Orders passed for enforcement of the final order in the Consumer dispute, cannot be construed to be orders passed in the 'consumer dispute', the bench said.

"There is no remedy provided under Section 21 to file a Revision Petition against an Order passed in appeal by the State Commission in execution proceedings. Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings"

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