ANANT KUMAR SHAMRA Vs. SANKAR BHATTACHARYA

JUDGEMENT

(1.) The present Revision Petition has been filed against the order dtd. 8/7/2016 passed by the State Consumer Disputes Redressal Commission, West Bengal ('the State Commission') in First Appeal No.933/2014 arising out of the order dtd. 21/8/2014 passed by the learned District Consumer Disputes Redressal Commission, Barasat, North 24-Paragans in Execution Case No.224/2013. This is not a case emanating out of any original Consumer Complaint filed.

(2.) In view of the law laid down by the Hon'ble Supreme Court in Karnataka Housing Board Vs. K.A. Nagamani, AIR 2019 SC 2290 that the National Consumer Disputes Redressal Commission has no jurisdiction to entertain any Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 or which has now been replaced by Sec. 58(1)(b) of the Consumer Protection Act, 2019, which arises out of the Execution Proceedings, where the Consumer Complaint is not pending, the present Revision Petition is not maintainable and, therefore, cannot be entertained.

(3.) Accordingly, the present Revision Petition is dismissed as not maintainable, leaving it open to the Petitioner to seek the appropriate remedy in accordance with the Law.