NCDRC

NCDRC

RP/3676/2006

MANOHAR LAL - Complainant(s)

Versus

SARVOTTAM TRACTOR AGENCY AND ORS. - Opp.Party(s)

MR. MAHESH SHARMA & AMIT KUMAR

25 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3676 OF 2006
 
(Against the Order dated 06/08/2005 in Appeal No. 1854/2004 of the State Commission Haryana)
1. MANOHAR LAL
KANHAIYA LAL RESIDENT , OF VILLAGE BAWANA GURJAR , TEHSIL AND DISTT.
REWARI
HARYANA
...........Petitioner(s)
Versus 
1. SARVOTTAM TRACTOR AGENCY AND ORS.
MANAGER5 SARVOTTAM TRCTOR , AGENCY , RAO. GOPAL DEV. CHOWK ,
MAHENDERGARH
ROAD REWARI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Prakash Chandra, Advocate with
Mr. M.K. Sharma, Advocate
For the Respondent :
For Respondent no.1 : Ex- parte
For Respondent no.2 : Mrs. Sonia Sharma, Advocate

Dated : 25 Nov 2011
ORDER

Arguments heard. Present revision petition has been filed by the petitioner in which there is challenge to the order dated 18.5.2006 passed by the State Consumer Disputes Redressal Commission, Haryana (for short as tate Commission. Vide impugned order, revision petition filed by respondent no.2 herein was dismissed as withdrawn with the following directions passed by the State Commission ; hat the petitioner (respondent no.2) shall move the executing court by giving an undertaking that the petitioner (respondent no.2) will replace the engine as stated above and the application so made by the petitioner (respondent no.2) shall be decided within 15 days from the date of the application is filed by the petitioner (respondent no.2) before the District Forum. It may be pertinent to point out that the impugned order was passed by the State Commission in the execution proceedings, which were initiated on the application filed by the petitioner herein, under Section 25 read with 27 of the Consumer Protection Act, 1986 ( for short as ct . In view of Section 27A of the Act, the present revision petition filed against the impugned order, which was passed in the execution proceeding, is not maintainable since Section 27A of the Act, provides an equally efficacious remedy to the petitioner. Under these circumstances, the present petition is not maintainable and the same is hereby dismissed. Parties shall bear their own costs.

 
......................J
V. B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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