Judgment:
J.M. Malik, Presiding Member
1. Amicus Curiae for the petitioner is present. These are the orders rendered in the Execution Petitions. Vide order rendered by the District Forum on 11.11.1996, It was directed that Judgment Debtor/OP/M/s Kerala Automobiles Limited were to rectify the defects of the vehicles, belonging to the complainants/petitioners Kal, Three Wheeler Owners Association and others. The said order dated 11.11.96 was upheld by the State Commission and then by the National Commission vide order dated 26.09.2001.
2. The decree holders filed the Execution Petitions before the District Forum. The Decree Holders did not produce the vehicles for inspection before the District Forum, instead they filed applications to modify the order of the District Forum dated 11.11.1996 and claimed the value of the vehicle which applications were dismissed vide order dated 13.04.2010 . The Review Petitions filed by the petitioners were also dismissed vide order dated 03.01.2012.
3. Thereafter, they filed the Revision Petitions before the State Commission. The State Commission also dismissed the Revision Petitions. Aggrieved by that order, the present Revision Petition has been filed before this Commission.
4. I have heard Ms. Vasundhra Bhardwaj, Amicus Curiae. She vehemently argued that the said vehicles cannot be rectified and on the contrary, the judgment debtor has contended that the rectification expenses would be more than the actual costs of the new vehicles.
5. Instead of touching the heart of the problem, the Amicus Curiae for the petitioners had laid emphasis on peripheral points. It must be borne in mind that the decree passed by the consumer fora dated 11.11.1996 has attained finality. It cannot be disturbed by applications moved by the Decree Holders subsequently. It is well settled that executing court cannot go behind the decree. The duty casts on the executing court is to get the decree executed by all means. The Execution Petitions cannot be said to be time barred. They can execute the decree within 12 years from the date of decree and that period is further extended by 12 years on moving any applications or rejection of their appeal. If advised, the petitioners can file fresh Execution Petitions and get the decree executed.
5. With these observations, the Revision Petition is hereby dismissed.