Karnataka Housing Board v. K.A. Nagamani - Supreme Court Important Judgment 2019
Karnataka Housing Board v. K.A. Nagamani - Supreme Court Important Judgment 2019 -
On 6th May, 2019, in the case of Karnataka Housing Board v. K.A. Nagamani [Civil Appeal No.4631 of 2019], which arose “out of execution proceedings initiated by the Respondent – Complainant from an Order passed by the State Commission in a consumer dispute”, the issue for consideration was whether a Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 was maintainable before the National Commission Dispute Redressal Commission against the order passed by the State Commission in the execution proceeding.
The Supreme Court held that “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” and in the instant case, “the National Commission erroneously allowed the Revision Petition u/s. 21(b) of the Consumer Protection Act, 1986 which was not maintainable.” It was observed that “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.”