PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. SARVJIT KUMAR BAWA

JUDGEMENT

(1.) We propose to dispose of a bunch of ten revision petitions bearing Nos.33 to 42 all of 2003 filed by PUDA impugning order dated 13.6.2002 passed by the District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] whereby the District Forum on the oral request of the learned Counsel for the execution applicant directed that a certificate under Sec.25 (3) of Consumer Protection Act, 1986 [for short hereinafter referred to as the C. P. Act] be sent to the District Collector (Deputy Commissioner), Chandigarh authorising him to recover the amount awarded under Sec.14 of the C. P. Act against the O. P. vide order dated 29.4.2003 of this Commission passed in Appeal Case No.85 of 2003.

(2.) The learned Counsel for the revisionist G. S. Arshi, Advocate contended that the District Forum while ordering the issuance of recovery certificate to the Deputy Commissioner for recovery of the amount awarded as arrears of land revenue, has acted illegally and with material irregularity as no oppotunity of hearing was provided to the petitioner and before passing the impugned order, no notice had been served upon the petitioners and the order was passed at the back of the petitioner. The learned Counsel for the revisionist further contended that the District Forum issued the recovery certificate only on the oral request of the respondent-execution applicant and no written application as mandated in Sec.25 (3) of the C. P. Act was ever moved by the respondent execution application before the District Forum for the issuance of the said certificate. The revisionist alleged denial of due notice of the execution case and made a prayer that the impugned order be set aside.

(3.) We summoned the original record of all the execution cases and after carefully perusing the same, we find that the respondent-judgment debtor had moved the execution applications before the District Forum under Sections 25 and 27 of the C. P. Act, duly supported with the affidavits of the Decree Holder and there is no application on the record of these execution cases under Sec.25 (3) of the C. P. Act moved by the execution applicants for the issuance of a Certificate to the District Collector (Deputy Commissioner), Chandigarh for recovery of the amount in the same manner as arrears of land revenue.