Usha S. Thakare, Presiding Judicial Member:
[1] Executants [Original Opponents in Consumer Complaint No.302 of 2013 (In the matters of Mr. Subhash Damdoar Tigde Vs. M/s. Rashmi Enterprises and Ors.) have filed present execution application under Section-27(1) of the Consumer Protection Act, 1986 for execution of the order dated 28/08/2013 passed by this Commission in Consumer Complaint No.302 of 2013.
[2] According to the Executants, vide an order dated 28/08/2013 passed in Consumer Complaint No.302 of 2013, certain directions were given to the Mr. Subhash Damodar Tigde “ Complainant therein/Respondent herein. Those directions read as follows:-
œComplainant to address as to how this interest can be claimed (within the scope of Section-14 of the Consumer Protection Act, 1986) when there is no prayer for refund of consideration but the Complainant insists upon implementation of the contract witnessed by a memorandum of understanding, obviously, keeping it alive and not consenting or accepting the termination by the Builder. Complainant to address on these issues and clearly make the statement regarding pecuniary jurisdiction in writing supported by an affidavit (since it is to be incorporated as a part of complaint).?
[3] Respondent herein/Complainant therein failed to comply with this order and, therefore, Executants/Opponents therein have filed present execution application.
[4] Registry raised an objection by stating that this application under Section-27-A of the Consumer Protection Act, 1986 is not tenable and, therefore, it is placed before me. I have heard learned counsel Mr.Sanjay A. Kanade on behalf of the Executants.
[5] It is urged on behalf of Executants that jurisdiction under Section-27 of the Consumer Protection Act, 1986 can be exercised not only in respect of final orders but also in respect of interim orders. Since the Respondent/original Complainant failed to comply the interim order dated 28/08/2013 passed by this Commission in Consumer Complaint No.302 of 2013 and, therefore, application under Section-27(1) of the Consumer Protection Act, 1986 is tenable. During the course of oral submission, learned advocate for the Executants has placed is reliance on following decisions:-
(a) Order dated 02ndMay, 2012 passed by this Commission in the matters of Shri Shivaji Manohar Pawale Vs. Shri Ashik K. Upadhey, reported in 2012-(4)-ALL MR-(Journal)-35;
(b) Order dated 27thSeptember, 2010 passed by this Commission in the matters of Amir Ali Tharani Vs. Rajesh Sukhtnkar and Anr., reported in II-(2011)-CPJ-23;
(c) Order dated 04thMay, 2010 passed by the Honble Bombay High Court in the matters of R. B. Upadhyay Vs. State Commission for Consumer Disputes and Ors., reported in 2010-(5)-ALL MR-238.
[6] No doubt, final orders as well as interim orders can be executed under the provisions of Section-27 of the Consumer Protection Act, 1986. However, the order dated 28/08/2013 passed by this Commission in Consumer Complaint No.302 of 2013; is not an interim order as contemplated under Section-13(3-B) of the said Act. Section-13(3-B) of the Consumer Protection Act, 1986 reads as under:-
œWhere during pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.?
[7] Order dated 28/08/2013 passed by this Commission in Consumer Complaint No.302 of 2013 will not come within the purview of Section-13(3-B) of the Consumer Protection Act, 1986 and cannot be termed as interim order. Apart from that, if the Respondent herein i.e. the Complainant in CC/13/202 fails to address this Commission on the issues raised by this Commission, he may suffer for that and his consumer complaint may affect. Present Executants cannot put the order dated 28/08/2013 passed this Commission in Consumer Complaint No.302 of 2013 for execution under Section-27 of the Consumer Protection Act, 1986. Hence, present execution petition filed under Section-27(1) of the Consumer Protection Act, 1986 is not tenable and ultimately, it is filed. No order as to costs. Order accordingly.