AIR 2019 SUPREME COURT 2290 ::(2019) 198 AllIndCas 28 (SC)

Supreme Court Of India

(From: 2019 (1) ADR 401 : AIROnline 2018 Del 2132)

Hon'ble Judge(s): Uday Umesh Lalit, Indu Malhotra , JJ

Consumer Protection Act (68 of 1986) , S.21(b)— Revision Petition -Maintainability - Revision petition before National Consumer Disputes Redressal Commission (NCDRC) against order of State Commission in execution proceedings is not maintainable. The exercise of revisional jurisdiction u/S. 21(b) by the National Commission is limited to a consumer dispute which has been filed before the State Commission. The jurisdiction u/S. 21(b) of the 1986 Act can be exercised by the National Commission only in case of a 'consumer dispute' filed before the State Commission. The National Commission in exercise of its supervisory jurisdiction u/S.21(b) is concerned about the correctness or otherwise of the orders passed by the State Commission in a 'consumer dispute'. 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. There is no remedy provided under S. 21 to file a Revision Petition against an Order passed in appeal by the State Commission in execution proceedings. S. 21(b) does not provide for filin....