NEELAM P. CHAWLA Vs. GODAVARI V. NAGPAL

JUDGEMENT

(1.) CHALLENGE in these proceedings is to the order dated 28.11.2007 passed by the Maharashtra State Consumer' Disputes Redressal Commission, Mumbai in M.A. No. 2049 of 2007 (Execution application) and M.A. No. 1203 of 2007 in complaint case No. 387 of 1998. The order was passed by the State Commission in execution proceedings relating to the enforcement of the order dated 15.3.2001 passed by the State Commission in complaint case No. 387 of 1998, by which order the State Commission had allowed the complaint of the complainant in the following manner:

(2.) IT is not in dispute that the order of the State Commission dated 15.03.2001 attained finality. It appears that in the execution proceedings on a prayer being made by the petitioner -decree holder the State Commission issued warrants of arrest against Mrs. Neelam (petitioner). The warrants were executed and the above named person was arrested and produced before the State Commission on 28.11.2007. Interim order was. passed by the State Commission ordering the release of the petitioner on furnishing bail bond with sureties as also on payment/ deposit of Rs. 5,00,000/ - in the Commission on or before 03.12.2007, which amount we are told was deposited by the petitioner in the State Commission and released to the Respondent -complainant. It is stated that after passing of the order dated 28.11.2007; the State Commission passed the order on 07.12.2007 directing the petitioner to deposit the further amount of Rs. 5,00,000/ - within a period of four weeks which has not been deposited by the petitioner till date in view of the order passed by this Commission. We have perused the various orders passed by this Commission from time to time. On 25.03.2008, this Commission made the following order:

(3.) THERE being no service of notice on the society, this Commission vide order dated 15.4.2008 gave the following directions and stayed the execution proceedings pending before the State Commission: