NAGESH NARAYAN MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed to challenge the order dated 1 st October 2021 passed on an application filed by Respondent Nos. 2 and 3 in an appeal bearing number FA/21/428 as well as to challenge the order dtd. 6/10/2021 passed in Review Application bearing No. RA/ 21/30 passed by the State Consumer Redressal Commission, Maharashtra, Mumbai. By the impugned order dated 1 st October 2021 Application filed by Respondent No.3 is allowed, and the order of conviction passed by the District Consumer Redressal Forum, Maharashtra, Pune, in execution, proceedings is suspended, and Respondent No. 3 is released on bail. Petitioners had filed the said Review Application seeking review of the said order dated 1 st October 2021. By the impugned order dated 6 th October 2021, Review Application filed by the Petitioners was rejected.

(2.) Petitioners had filed the complaint before the Consumer Redressal Forum against Respondent Nos. 2 and 3, complaining about a deficiency in service regarding a flat. The said complaint was partly allowed, and Respondent Nos. 2 and 3 were directed to comply with the terms and conditions entered into by the parties and to pay compensation to the Petitioners. The Petitioners had filed an Appeal before the State Consumer Redressal Commission, Maharashtra, Mumbai bearing No. FA/2006/1964. The said Appeal was allowed on 24/4/2016, and compensation awarded to the Petitioners was enhanced. Petitioners filed an execution application which was allowed on 15/3/2021, and Respondent No. 2 was directed to deposit the fine of Rs.10,000.00 and Respondent No.3 was sentenced to suffer simple imprisonment for a period of one year. Respondent Nos. 2 and 3 filed First Appeal bearing No. FA/21/428, before the State Consumer Redressal Commission, Maharashtra, Mumbai, for challenging the order dtd. 15/3/2021.

(3.) Petitioners had filed a Miscellaneous Application before the District Commission seeking issuance of a warrant of conviction against Respondent Nos. 2 and 3. Since there was no order passed, suspending the sentence against Respondent No.2, the warrant of conviction was executed, and Respondent No.2 was taken into custody and sent to Yerwada Central Prison, Pune. Thereafter, by Order dtd. 1/10/2021, the Application filed by Respondent Nos. 2 and 3 was allowed, and the sentence of conviction against Respondent No.2 was suspended, and he was released on bail.