LAWS(NCD)-2016-10-12

SURENDRA M. KHANDHAR Vs. DR. PANNABEN P. BHATIA

Decided On October 18, 2016
Surendra M. Khandhar Appellant
V/S
Dr. Pannaben P. Bhatia Respondents

JUDGEMENT

(1.) The petitioner, Mr. Surendra M. Khandhar filed this revision petition under Section 21 of the Consumer Protection Act, 1986 against the impugned order dated 18.7.2015 of State Commission, Maharashtra, Circuit Bench at Aurangabad in first appeal No. 374 of 2015.

(2.) The relevant facts to dispose of this revision petition are that the original complainants/respondents filed complaints No. 149 of 2003 and 56 of 2005 before the District Forum, Nandurbar. The said complaints were decided ex parte on 28.3.2005 and 12.8.2005. The petitioner/OP challenged the order of District Forum by way of an appeal. The State Commission dismissed the appeal. Being aggrieved, OP filed revision petition, which was dismissed by this Commission vide order dated 7.2.2011. The special leave petition against the order of this Commission was dismissed by the Hon'ble Supreme Court. During the pendency of revision petition, as per interim order of this Commission dated 24.11.2010, the OP deposited Rs. 6,45,468/-. This Commission vide order dated 7.2.2011, while dismissing the revision petition, observed as under :

(3.) The complainants in the year 2013, filed an application No. 5 of 2012 before the District Forum for recovery of balance amount of Rs.1,42,754/-. The OPs resisted the said execution petition contending inter alia that they have already paid an excess amount of Rs.15,308/- to the complainant and are entitled to refund of the same.