Iam Decree holder and My case attained finality as Jdr did not file any appeal.and execution petition was filed before dist consumer court under section 27 of consumer act in 2018.The Jdr raised objection during execution in march 2021and it was dismissed by dist.executing court,and Jdr was ordered to comply the order..The Jdr filed appeal in oct 2021in State Commission under section 73 of consumer protection act.The Act say section 73 is applicable when any order is passed under 72 of consumer act My question 1)When The Dist.executing court did not dismiss the objection under section 72 of consumer protection act.Nor ordered any arrest or sentenced the Jdr ..can a appeal be admitted under section 73of consumer act 2019? 2)I objected orally and in writing against the appeal in state commission that it is not maintainable as no order was passed under section 72 of consumer protection act.and prayed before the state to dismiss the appeal as the case has attained finality 3)The same State commission had orginally passed the order in 2018 and also did not entertain the objection of Jdr and upheld Dist Executing court order but modified the order without any legal reason which was passed in 2018 ,and relief was given to Jdr for which they did not pray even.. 1)Can a appeal be admitted under section 73 even when no order is passed under section 72 of consumer act 2019 2)What should i do ? File Revision Petition in NCDRC,on the ground that state commission was wrong in admitting the appeal and modifying the order? some says order under 73 cannot be appealed is it true?..What is the best legal option? Will Ncdrc admit my revision petition?or what should i do to get Justice..under which section can i get relief. Incase NCDRC reject my revision petition ,can i approach Supreme court,under which section? Regards Divya
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1) appeal cannot be admitted under section 73 when no order is passed under section 72 of act
2) you can file writ petition in HC against order passed by state commission as no appeal lies against order passed under section 73 of consumer protection act
For proper understanding of Section 73, Section 71, Section 72 and Section 73 have to read together.
1. Section 71 property that every order of District Consumer Commission shall be construed and executed as provided under provisions of Order XXI Civil Procedure Code, 1908.
2. Section 72 comes in to play when the O.P. fails to comply with order of District Consumer Commission in execution sought by complainant. The O.P. is tried for failure to comply with order by District Consumer Commission assuming power to JMFC under Criminal Procedure Code, 1973.
3. Power on State Commission to hear appeal against order of District Consumer Commission is accrues only when an order of punishment is passed by District Consumer Commission.
In you case the State Commission has wrongly assumed jurisdiction where there is non conferred on it. Section 72 commences with non-obstinate clause. Note the wording of Clause (2) of Section 72, “except as provided…..” No need to approach, file a writ in High Court of the State. High Court has power to review order passed by State Commission.
1. If the court has admitted and taken the appeal on its file then you cannot raise any objection at the preliminary stage but you can file your objection including this point if it is relevant and valid.
2. You first challenge the appeal before appellate forum properly after which you you can get your grievances redressed by next appellate court.
NCDRC will not entertain any revision petition filed vy you at your whims neither the supreme court will entertain any application before you exhaust the remedies before the lower court.
Your anxiety is having no answer in law, if you do not want to follow the due process of law and want to go for a short cut solution then you may contact an advocate in the local who will help you to guide you through such fancy ideas.
1. It has to first dispose the matter under 72 for appeal understand 73
2. Yes revision in National commission
3. Stilll revision lies when order is not appeallable
