NARNE ESTATES PVT. LTD. Vs. DASARI JANARDHAN

JUDGEMENT

(1.) BOTH parties to this revision petition had filed two cross appeals before the A P State Consumer Disputes Redressal Commission. The appeal of the complainant/Dasari Janardhan was allowed and the appeal filed by the OP/Narne Estates Pvt. Ltd was dismissed. Both appeals had arisen from an Execution Application filed by the complainant under Section 27 of the Consumer Protection Act before the District Forum, Hyderabad. The District Forum had passed the following order -

(2.) WHILE considering the two appeals, the State Commission noted that the OP/present revision petitioner had apparently not preferred any appeal against the original order of the District Forum of 12.09.2007 in which the complaint had been allowed directing the OP to collect the developmental charges and restore the allotment of the plot. The appeals filed by the two parties were disposed of by the State Commission with the following orders: -

(3.) IN view of the fact that the order of 24.7.2012 passed by the District Forum and the order of 6.3.2013 passed by the State Commission have both been passed in Execution Proceedings, the present revision, in effect, should have been filed as an appeal under Section 27 A (1) (b) of the Consumer Protection Act, 1986. The petitioner M/s. Narne Estates Private Ltd. has chosen to file the petition under Section 21 (b) of the Act which is not applicable to the present case.