NATIONAL INSURANCE CO Vs. RAJ DULARI

JUDGEMENT

(1.) This order will dispose of both the revision petitions referred to hereinabove.

(2.) The short point which is being projected before me is that the State Commissioner under the Consumers Protection Act has given award against the petitioner. That award was being challenged in appeal before a competent bench (Division Bench of this Court). That appeal is said to have been dismissed in limine. Now the Commission has started execution/recovery of the award amount and the recovery is being done in pursuance of the statute envisaged in this behalf, treating the award as a decree to be recovered as such in execution proceedings. The petitioner has challenged the process of execution initiated by the Commission by way of this revision.

(3.) Revision is neither maintainable on the count that there are no provisions which envisaged that the order passed by the Commission are revisable before this Court nor is this revision maintainable on the count that the award was agitated in a regular appeal which stands already dismissed by a competent Court (Division Bench) of this Court. The usufructs of the award/decree passed in favour of the consumer are to be given benefit of and by way of moving this revision, petitioner want that the consumer should not claim usufructs of the decree or the award which has been passed in his favour.