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2017 DIGILAW 116 (HP)

Prithvi Raj v. Mohinder Singh

2017-03-03

MEENA VERMA, P.S.RANA, VIJAY PAL KHACHI

body2017
ORDER P.S. Rana (R) President. —Present revision petition is filed against order dated 08.06.2016 passed by Learned Executing Forum Shimla in execution application No. 16 of 2014(B) title Mohinder Singh v. Umesh Kumar & Ors. Brief facts of Case: 2. Shri Mohinder Singh filed complaint No.530 of 2003 title Mohinder Singh v. Umesh Kumar & Ors . under section 12 of Consumer Protection Act 1986 which was decided by learned District Forum Shimla on dated 13.03.2007. Learned District Forum passed final order in complaint with the direction that opposite parties No.1 & 2 i.e. Umesh Kumar and Shri Prithvi Raj would jointly and severally indemnify complainant namely Mohinder Singh to the extent of Rs.27600/- (Twenty seven thousand six hundred) along with interest @ 9% per annum with effect from the date of filing of complaint till realization. Learned District Forum granted litigation costs to the tune of Rs.1500/- (One thousand and five hundred). Learned District Forum further ordered that Umesh Kumar and Prithvi Raj would pay amount within forty five days from the date of receipt of order. Thereafter Shri Umesh Kumar and Prithvi Raj filed appeal No. 131 of 2007 before State Commission title Umesh Kumar & Anr. v. Mohinder Singh & Anr. which was decided on 04.01.2010 . State Commission upheld order passed by learned District Forum Shimla. Thereafter Shri Mohinder Singh filed execution application No. 16 of 2014(B) under section 25 of Consumer Protection Act 1986 for execution of order passed by learned District Forum and affirmed by State Commission. Learned Executing Forum on dated 08.06.2016 issued warrant of attachment through Collector. Learned Executing Forum listed execution application for hearing on 29.07.2016. 3. Feeling aggrieved against order passed by Learned Executing Forum present revision petition filed by Shri Prithvi Raj before State Commission. 4. We have heard learned advocate appearing on behalf of revisionist and we have also heard learned advocates appearing on behalf of non-revisionists and we have also perused entire record carefully. 5. Following points arises for determination in present revision petition. 1. Whether revision petition filed by the revisionist is liable to be accepted as mentioned in memorandum of grounds of revision petition. 2. Final order. Findings upon point No.1 with reasons: 6. 5. Following points arises for determination in present revision petition. 1. Whether revision petition filed by the revisionist is liable to be accepted as mentioned in memorandum of grounds of revision petition. 2. Final order. Findings upon point No.1 with reasons: 6. Submission of learned advocate appearing on behalf of revisionist that learned Executing Forum has committed material irregularities by way of issuing warrant of attachment of property of revisionist relating to execution of final order passed by learned District Forum and affirmed by State Commission is decided accordingly for reasons hereinafter mentioned. It is held that under section 25(1) of Consumer Protection Act 1986 amended w.e.f. 15.03.2003 property can be attached relating to execution of interim order passed by Learned District Forum. As per section 25(3) of Consumer Protection Act 1986 when amount is due from any person under final order made by Learned District Forum then Learned District Forum would issue a certificate for said amount to the Collector of District and Collector shall proceed to recover amount as arrears of land revenue. 7. It is held that property can be attached by Learned District Forum relating to execution of interim order only as per sections 25(1) and 25(2) of Consumer Protection Act 1986. As per section 25 there are different modes for execution of interim order and final order passed by Learned District Forum. It is held that when final order is executed under section 25(3) of Consumer Protection Act 1986 then certificate would be issued to the Collector of District to recover amount as arrears of land revenue. 8. As per section 74 of H.P. Land Revenue Act arrears of land revenue can be recovered by anyone or more of the following processes namely:- (a) By service of a writ of demand on the defaulter (b) By arrest and detention of defaulter (c) By distress and sale of movable property and uncut or ungathered crop of defaulter (d) By transfer of the holding of defaulter in respect of which the arrear is due (e) By attachment of estate or holding of defaulter in respect of which the arrear is due (f) By annulment of assessment of that estate or holding of defaulter (g) By sale of estate or holding of defaulter (h) By proceedings against other immovable property of the defaulter. 9. 9. It is held that under section 25(3) of Consumer Protection Act 1986 learned Executing Forum was under legal obligation to issue a certificate for due amount to the Collector of District and Collector of District is under legal obligation to recover amount as arrears of land revenue by way of one of modes mentioned in section 74 of H.P. Land Revenue Act. 10. In the present case learned Executing Forum did not issue certificate to Collector of District to recover amount as arrears of land revenue from defaulter. It is held that learned Executing Forum had committed material irregularity by way of not issuing certificate of arrears of land revenue to District Collector to recover amount due as arrears of land revenue. Point No.1 is decided accordingly. Point No.2: Final Order 11. In view of findings upon point No.1 order of learned Executing Forum Shimla dated 08.06.2016 is modified to the extent that learned Executing Forum would issue a certificate to Collector of District to recover amount due from defaulter as arrears of land revenue and thereafter learned Collector will recover amount due as arrears of land revenue by anyone of the modes as mentioned under section 74 of H.P. Land Revenue Act. Learned Executing Forum and learned Collector will dispose of execution matter expeditiously within a period of three months because Consumer Protection Act 1986 is a special act and requires expeditious disposal of matter. Parties are directed to appear before learned Executing Forum Shimla on dated 17.03.2017. Learned District Forum shall ensure that entire process under section 74 of H.P. Land Revenue Act is complied by Learned Collector within three months. File of learned Executing Forum alongwith certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith strictly as per rules. Revision petition is disposed of. Pending application(s) if any also disposed of.