SWAPU GAS AGENCIES Vs. SHAKTI PRASANNA NAYAK
LAWS(ORICDRC)-2004-5-1
ORISSA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on May 17,2004

SWAPU GAS AGENCIES Appellant
VERSUS
SHAKTI PRASANNA NAYAK Respondents

JUDGEMENT

- (1.) IN this appeal the appellant challenges the order passed by the District Forum, Puri under Sections 25 and 27 of the C. P. Act.
(2.) THE backdrop of the present controversy relates to an order passed by the forum below in C. D. Case No.91/1997 in which the present appellants along with respondent Nos.2 to 5 were directed to pay a sum of Rs.1,12,000/ - with interest at the rate of 15% per annum and compensation of Rs.10,000/ - to the complainant i. e. , the present respondent No.1. Being aggrieved with the said order, the present appellants had preferred an appeal before this commission vide C. D. Appeal No.39/98. By our judgment dated 24.6.2002 we had dismissed the said appeal and confirmed the order passed by the District Forum. As the opposite party did not comply the said order, the complainant moved the Forum below for execution of the said order under Sections 25 and 27 of the C. P. Act. The District Forum vide order dated 8.1.2004 issued non -bailable warrant of arrest only against them for attachment of their movable and immovable assets, against which the appellant prefers the instant appeal.
(3.) HEARD Mr. N. B. Das, Advocate for the appellants and Mr. R. K. Pattnaik, Advocate for the complainant/respondent No.1. Mr. Patnaik strenuously argued before us that the instant appeal is not at all maintainable. We examined the point in detail and are satisfied that in view of Sec.27a of the Consumer Protection (Amendment) Act of 2002, which came into force from 15.3.2003 this appeal is certainly maintainable. The Sec.27a of the C. P. Act clearly states as follows: "notwithstanding anything contained in the Code of Criminal Procedure, 1973, an appeal under Sec.27 both on law and fact shall lie from: (a) the order made by the District Forum to the State Commission. (b) the order made by the State Commission to the National Commission. (c) the order made by the National Commission to the Supreme Court. In view of the above amended provision of law, we holds that the instant appeal is maintainable.;


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