ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. 35 OF 2022
(Against the order dated 27-05-2022 in Execution Case No.10/2019
of the District Consumer Commission, Shahjahanpur)
Akhilesh Agrawal
S/o Late Harnamdas
R/o Mohalla Dataganj
Tehsil Tilhar
District Shahjahanpur
...Revisionist
Vs.
Sahara Q Shop Unique Sahara India
Branch Tilhar Banbaripur
Station Road, District Shahjahanpur
...Opposite Party
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
HON’BLE MR. SUSHIL KUMAR, MEMBER
For the Revisionist : Sri Akhilesh Trivedi, Advocate.
For the Respondent : Sri Alok Kumar Srivastava, Advocate.
Dated : 10-08-2022
JUDGMENT
HON’BLE MR. SUSHIL KUMAR, MEMBER
This revision petition has been preferred by the revisionist Smt. Shail Agrawal under Section 47(1)(b) of the Consumer Protection Act, 2019 against the order dated 27-05-2022 passed by the single Member of the learned District Consumer Commission, Shahjahanpur in Execution Case No. 10/2019; Akhilesh Agrawal V/s Sahara Q Shop Unique Sahara India.
Learned Counsel Sri Akhilesh Trivedi appeared for revisionist.
Learned Counsel Sri Alok Kumar Srivastava, appeared for opposite party.
In pursuance of the order dated 20-07-2022 passed by this Court Sri Rajnish Kumar Singh, Member, District Consumer Commission, Shahjahanpur as present as well as the Stenographer attached with him Sri Anil Kumar. The President of the District Consumer Commission, Shahjahanpur has sent the report of Sri Rajnish Kumar Singh in seal cover
:2:
which has been perused by us as well as the complete paper book of Execution Case No.10/2019.
We have heard learned Counsel for the respective parties as well as Sri Rajnish Kumar Singh, Member of District Consumer Commission, Shahjahanpur and perused the impugned order as well as records.
On perusal of the record it appears that a complaint Case No. 42/2018 Akhilesh Agarwal V/s Manager, Sahara Q Shop, Unique Sahara India Bhawan 1 Kapoorthala Cant., Aliganj, Lucknow and three others was filed by the complainant/revisionist before the District Consumer Commission, Shahjahanpur which was allowed on 26-07-2019 and opposite parties were directed to pay Rs.5,50,000/- alongwith bonus. 9% per annum simple interest was also payable on this amount.
An execution application No. 10/2019 was filed by the decree holder/revisionist Akhilesh Agrawal in which account of the judgment debtor/opposite party was seized for the purpose of execution of the decree on 26-05-2022 and the next date 31-05-2022 was fixed for further proceedings. Meanwhile on 27-05-2022 the learned District Consumer Commission, Shahjahanpur has received an e-mail from Branch Manager, Punjab National Bank, Branch Mahanagar, Lucknow wherein it has been pointed out by the Branch Manager that Account No. 0758002100141490 does not belong to Sahara India. This account belongs to Qusmo World Collection Account. On receiving this letter the Member of District Consumer Commission, Shahjahanpur, without passing the reasoned order, directed the Clerk of the District Consumer Commission, Shahjahanpur to send the notice regarding release of the freezed account.
The revisionist/decree holder Akhilesh Agarwal has challenged the order dated 27-05-2022 passed by the single Member of the learned District Consumer Commission, Shahjahanpur in Execution Case No. 10/2019 before this Commission on the following grounds.
- The revisionist/decree holder was not informed regarding the
change of date.
- The order dated 27-05-2022 was passed, in the absence of the learned President of District Consumer Commission, by a single Member which was not authorized to pass such an order.
- There is no copy of mail which is said to be received from the
:3:
bank dated 27-05-2022 on record.
- The learned District Consumer Commission did not provide any opportunity to the revisionist/decree holder to file her objection.
We have summoned the record of learned District Consumer Commission, Shahjahanpur alongwith the explanation of concerned Member of District Consumer Commission and Stenographer and we find that the order dated 27-05-2022 was passed by the single Member in contravention of law and due procedure. He was not entitled to prepone the date from 31-05-2022 to 27-05-2022 without informing the decree holder/revisionist.
The Member of the District Consumer Commission, Shahjahanpur has failed to pass a reasoned order regarding the authority of account holder whether it was Sahara India or its concern sister and passed the illegal order directing the concerned Clerk to send the notice regarding release of the attached account, therefore, this order deserves to be set aside.
ORDER
The revision is allowed. The impugned order passed by the single Member of District Consumer Commission, Shahjahanpur dated 27-05-2022 is set aside. T
The learned District Consumer Commission, Shahjahanpur is directed to pass afresh order regarding seized account by providing an opportunity of being heard to both the parties and proceed to dispose of the execution case as early as possible preferably within one month from the date of this order.
Parties are directed to appear before the learned District Consumer Commission, Shahjahanpur on 06-09-2022.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
The office is directed to return the original record of Execution Case No. 10/2019; Akhilesh Agrawal V/s Sahara Q Shop Unique Sahara India which was summoned by this Commission to the District Consumer Commission, Shahjahanpur in seal cover within a week.
(JUSTICE ASHOK KUMAR) (SUSHIL KUMAR)
PRESIDENT MEMBER
Pnt.
ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. 36 OF 2022
(Against the order dated 27-05-2022 in Execution Case No.09/2019
of the District Consumer Commission, Shahjahanpur)
Shail Agrawal
W/o Dinesh Chandra Agrawal
R/o Mohalla Dataganj
Tehsil Tilhar
District Shahjahanpur
...Revisionist
Vs.
Sahara Q Shop Unique Sahara India
Branch Tilhar Banbaripur
Station Road, District Shahjahanpur
...Opposite Party
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
HON’BLE MR. SUSHIL KUMAR, MEMBER
For the Revisionist : Sri Akhilesh Trivedi, Advocate.
For the Respondent : Sri Alok Kumar Srivastava, Advocate.
Dated : 10-08-2022
JUDGMENT
HON’BLE MR. SUSHIL KUMAR, MEMBER
This revision petition has been preferred by the revisionist Smt. Shail Agrawal under Section 47(1)(b) of the Consumer Protection Act, 2019 against the order dated 27-05-2022 passed by the single Member of the learned District Consumer Commission, Shahjahanpur in Execution Case No. 09/2019; Shail Agrawal V/s Sahara Q Shop Unique Sahara India.
Learned Counsel Sri Akhilesh Trivedi appeared for revisionist.
Learned Counsel Sri Alok Kumar Srivastava, appeared for opposite party.
In pursuance of the order dated 20-07-2022 passed by this Court Sri Rajnish Kumar Singh, Member, District Consumer Commission, Shahjahanpur as present as well as the Stenographer attached with him Sri Anil Kumar. The President of the District Consumer Commission, Shahjahanpur has sent the report of Sri Rajnish Kumar Singh in seal cover
:2:
which has been perused by us as well as the complete paper book of Execution Case No.09/2019.
We have heard learned Counsel for the respective parties as well as Sri Rajnish Kumar Singh, Member of District Consumer Commission, Shahjahanpur and perused the impugned order as well as records.
On perusal of the record it appears that a complaint Case No. 41/2018 Smt. Shail Agarwal V/s Manager, Sahara Q Shop, Unique Sahara India Bhawan 1 Kapoorthala Cant., Aliganj, Lucknow and three others was filed by the complainant/revisionist before the District Consumer Commission, Shahjahanpur which was allowed on 25-07-2019 and opposite parties were directed to pay Rs.8,00,000/- alongwith bonus. 9% per annum simple interest was also payable on this amount.
An execution application No. 09/2019 was filed by the decree holder/revisionist Smt. Shail Agrawal in which account of the judgment debtor/opposite party was seized for the purpose of execution of the decree on 26-05-2022 and the next date 31-05-2022 was fixed for further proceedings. Meanwhile on 27-05-2022 the learned District Consumer Commission, Shahjahanpur has received an e-mail from Branch Manager, Punjab National Bank, Branch Mahanagar, Lucknow wherein it has been pointed out by the Branch Manager that Account No. 0758002100141490 does not belong to Sahara India. This account belongs to Qusmo World Collection Account. On receiving this letter the Member of District Consumer Commission, Shahjahanpur, without passing the reasoned order, directed the Clerk of the District Consumer Commission, Shahjahanpur to send the notice regarding release of the freezed account.
The revisionist/decree holder Smt. Shail Agarwal has challenged the order dated 27-05-2022 passed by the single Member of the learned District Consumer Commission, Shahjahanpur in Execution Case No. 09/2019 before this Commission on the following grounds.
- The revisionist/decree holder was not informed regarding the
change of date.
- The order dated 27-05-2022 was passed, in the absence of the learned President of District Consumer Commission, by a single Member which was not authorized to pass such an order.
- There is no copy of mail which is said to be received from the
:3:
bank dated 27-05-2022 on record.
- The learned District Consumer Commission did not provide any opportunity to the revisionist/decree holder to file her objection.
We have summoned the record of learned District Consumer Commission, Shahjahanpur alongwith the explanation of concerned Member of District Consumer Commission and Stenographer and we find that the order dated 27-05-2022 was passed by the single Member in contravention of law and due procedure. He was not entitled to prepone the date from 31-05-2022 to 27-05-2022 without informing the decree holder/revisionist.
The Member of the District Consumer Commission, Shahjahanpur has failed to pass a reasoned order regarding the authority of account holder whether it was Sahara India or its concern sister and passed the illegal order directing the concerned Clerk to send the notice regarding release of the attached account, therefore, this order deserves to be set aside.
ORDER
The revision is allowed. The impugned order passed by the single Member of District Consumer Commission, Shahjahanpur dated 27-05-2022 is set aside. T
The learned District Consumer Commission, Shahjahanpur is directed to pass afresh order regarding seized account by providing an opportunity of being heard to both the parties and proceed to dispose of the execution case as early as possible preferably within one month from the date of this order.
Parties are directed to appear before the learned District Consumer Commission, Shahjahanpur on 06-09-2022.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
The office is directed to return the original record of Execution Case No. 09/2019; Smt. Shail Agrawal V/s Sahara Q Shop Unique Sahara India which was summoned by this Commission to the District Consumer Commission, Shahjahanpur in seal cover within a week.
(JUSTICE ASHOK KUMAR) (SUSHIL KUMAR)
PRESIDENT MEMBER
Pnt.
