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2019 (5) TMI 439 - SC - Indian LawsWhether a Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 is maintainable before the National Commission Dispute Redressal Commission against an Order passed by the State Commission in an execution proceeding? HELD THAT:- The nature of execution proceedings is materially different from the nature of proceedings for adjudication of a consumer complaint. Execution proceedings are independent proceedings. Orders passed for enforcement of the final order in the Consumer dispute, cannot be construed to be orders passed in the ‘consumer dispute’ - Execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit. Execution proceedings are separate and independent proceedings for execution of the decree. The merits of the claim or dispute, cannot be considered during execution proceedings. They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute. There is no remedy provided under Section 21 to file a Revision Petition against an Order passed in appeal by the State Commission in execution proceedings. Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings. In the present case, the National Commission committed a jurisdictional error by entertaining the Revision Petition u/S. 21(b) filed by the Appellant – Board against an appeal filed before the State Commission, in Execution proceedings - The National Commission erroneously allowed the Revision Petition u/S. 21(b) which was not maintainable. Thus, Revision Petition was not maintainable against the Order passed by the State Commission in an appeal arising out of execution proceedings. Appeal disposed off.
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