Judgment:
Oral Order:-
Per Shri S.R. Khanzode, Honble Presiding Judicial Member:
This cannot be execution application. In the instant case an execution application is already filed and in which Commission has already ordered issue of Recovery Certificate and accordingly, it is issued and now, it is submitted that record and Proceeding of said execution application is not traceable and therefore, it should be reconstructed.
This prayer cannot be treated as the one which could be entertained in an execution proceeding either under Section 25 or 27 of the Consumer Protection Act, 1986. As such, this execution application be treated as filed. Separate action be initiated on administrative side for reconstruction of record by the office after due enquiry as to loss of record. Hence, we pass the following order:-
Order:
1. Execution Application No. 05/2009 stands disposed of.
2. Pronounced and dictated in open court.
3. Copies of the order herein be furnished to the parties.