KAMLESH AGGARWAL versus NARAIN SINGH DABBAS &ANR.

KAMLESH AGGARWAL versus NARAIN SINGH DABBAS &ANR.

The Supreme Court held that State Commission should have remanded the matter to District Forum after setting aside its order, directing it to proceed in accordance with procedure under Criminal Procedure Code for taking penal action for non-compliance. National Commission was correct in refusing to entertain a second appeal as none is permitted under Section 27A(2). Appellant has alternative remedies for execution, either by penal action under Section 27 or civil execution under the Code of Civil Procedure.

Parties
Appellant: Kamlesh Aggarwal; Respondent: Narain Singh Dabbas & Anr.
Jurisdiction
India
Judgment Date
10 February 2015
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From National Commission
Outcome
Appeals partly allowed
Legal Topics
Execution of Consumer Forum Orders, Procedure for Penal Action Under Consumer Protection Act, Alternative Remedies for Execution, Jurisdiction Regarding Second Appeals
Consumer Protection Civil Procedure Execution of Consumer Forum Orders Procedure for Penal Action Under Consumer Protection Act Alternative Remedies for Execution Jurisdiction Regarding Second Appeals

Case Brief

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Parties

Kamlesh Aggarwal

Appellant

Narain Singh Dabbas & Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From National Commission

Legal Issues

  1. 1 Whether State Commission erred by not remanding the case to District Forum once order was set aside
  2. 2 Whether National Commission correctly refused to entertain second appeal under Section 27A of the Consumer Protection Act
  3. 3 What remedies are available to the appellant for execution and penal action for non-compliance of District Forum order

Ratio Decidendi

The Supreme Court held that State Commission should have remanded the matter to District Forum after setting aside its order, directing it to proceed in accordance with procedure under Criminal Procedure Code for taking penal action for non-compliance. National Commission was correct in refusing to entertain a second appeal as none is permitted under Section 27A(2). Appellant has alternative remedies for execution, either by penal action under Section 27 or civil execution under the Code of Civil Procedure.

Court Disposition

Appeals partly allowed

Orders

  • Case remanded to District Forum with direction to follow summary trial procedure under Code of Criminal Procedure for penal action under Section 27 of Consumer Protection Act.
  • Appellant has liberty to pursue execution proceedings under Order XXI Rule 32, Code of Civil Procedure, for sale deed execution and registration of plot.