M S KAMATH Vs. MAITREYA V DOSHI

JUDGEMENT

(1.) The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed against the order dated 01.11.2018 of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short "the State Commission") in Appeal No.A/17/421 filed by the Petitioners against the order dated 16.03.2017 of the District Consumer Disputes Redressal Forum, Thane (for short "the District Forum") in Execution No.135 of 2009.

(2.) Section 21(b) of the Act confers the jurisdiction upon the National Commission for entertaining a Revision Petition. Section 21(b) reads as under:

(3.) The bare reading of this provision clearly shows that the Revision Petitioners are applicable only against the order of the State Commission in any consumer dispute. The issue whether the order of the State Commission in Execution Petition is an order in a consumer dispute had been analysed by the Hon'ble Supreme Court in the case of "Karnataka Housing Board vs. K. A. Nagamani, 2019 6 SCC 424." The Hon'ble Supreme Court has held that the execution proceedings are different than the consumer disputes and an order passed in appeal in execution proceedings by the State Commission cannot be considered to be an order passed on a consumer dispute and hence, the Revision Petition cannot be filed against such order. The Hon'ble Supreme Court has held as under: