VidhiSangh

Supreme Court of India · 06/05/2019

KARNATAKA HOUSING BOARD versus K. A. NAGAMANI

[2019] 7 S.C.R. 218 · 2019 INSC 631

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A revision under Section 21(b) of the Consumer Protection Act, 1986 did not lie before the National Commission against the State Commission’s appellate order in execution proceedings. The consumer dispute had already been finally adjudicated; enforcement was a separate proceeding, not a renewed adjudication of that dispute. The National Commission therefore lacked jurisdiction to revise the execution order or modify the final decree. The High Court’s decision setting aside its orders was affirmed.

Issues

  1. Whether Section 21(b) authorised revision of a State Commission order in an execution appeal.
  2. Whether execution continued the substantive consumer dispute for that jurisdictional purpose.

Provisions considered

Held

Result

Appeal disposed of by affirming the Delhi High Court judgment setting aside the National Commission’s orders. Revision against the State Commission’s execution-appeal order held not maintainable under Section 21(b) of the 1986 Act.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 218.