SUDHIR KUMAR KUKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India read with Rule 315-H of Rajasthan High Court Rule for quashing the orders dtd. 12/4/2021 as well as order dtd. 21/12/2020 qua the petitioner.

(2.) Learned counsel for the petitioner submits that respondent No.2 had filed a complaint against Divya Ashirwad Pvt. Ltd. before learned State Commission. In the said complaint, petitioner and petitioner's company Indo Crystal Pvt. Ltd. was not made a party. In complaint, no order was passed against the petitioner. Learned counsel for the petitioner also submits that by filing the execution application before the State Commission, respondent No.2 had not given any notice to the petitioner. Learned counsel for the petitioner also submits that respondent No.2 had not preferred any execution application under Sec. 71. Learned counsel for the petitioner also submits that application filed by respondent No.2 under Sec. 72 of the Consumer Protection Act, 2019 for non-compliance of the order dtd. 8/1/2019. Learned counsel for the petitioner also submits that a very first time, petitioner was arrayed as a party (accused). Learned counsel for the petitioner also submits that State Commission without application of mind mechanically took cognizance against the petitioner. Learned counsel for the petitioner also submits that petitioner had filed a review application but State Consumer dismissed the review application filed by the petitioner vide order dtd. 12/4/2021 holding that same was not maintainable. Learned counsel for the petitioner also submits that cognizance order under Sec. 72 cannot be challenged in appeal because only a final order can be challenged before National Consumer Forum. Learned counsel for the petitioner also submits that no appeal is lies against the cognizance order as well as dismissal order of the review application. So, orders on 21/12/2020 and 12/4/2021 qua the petitioner be quashed.

(3.) Learned counsel for the petitioner has relied upon the following judgments : (1) Appeal Execution No.69/2018 in Ravikant G. Salaskar v. Kirit Shah and Ors. decided on 16/4/2018 and (2) Appeal Execution No.104/2021 in Subrata Roy v. Rajesh Chanana decided on 22/12/2021.