SAHARA INDIA LTD Vs. ABU SUFIYAN

JUDGEMENT

(1.) HEARD Mr. A. K. Srivastava learned Counsel for the appellant and Mr. M. H. Khan, learned Counsel for the respondent and perused the record.

(2.) BY virtue of the judgment dated 1. 5. 1992 challenged by way of this appeal, the District Consumer Forum, Gorakhpur had recorded a finding that it was quite competent to proceed with the execution case No. 12/92.

(3.) LEARNED Counsel appearing for the appellant has pointed out that the District Consumer Forum, Azamgarh had been created under the Consumer Protection Act before filing the aforesaid execution petition and, therefore, the said execution petition must have been transferred to the Azamgarh District Consumer Forum-the only competent Forum to take cognizance of the petition. This is not in dispute that at the time of the original complaint being decided, Azamgarh District Consumer Forum had not come into being. It means that the District Forum, Gorakhpur was fully competent to take cognizance of the consumer dispute raised by the respondent/complainant before it and certainly it had legal competence to finally determine the dispute. It is a long drawn view and a settled law that a Court/forum having jurisdiction to decide a case is fully competent to entertain its execution application. Even if the Azamgarh District Forum, had come into being before filing the execution petition, the District Consumer Forum, Gorakhpur was competent and legally entitled to entertain and proceed with the execution petition.