Appeal against NCDRC order passed in the course of Execution Proceedings not maintainable under CPA: SC

The Supreme Court has observed that an appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) passed in the course of execution proceedings would not be maintainable under the section 23 of the Consumer Protection Act (CPA).

The grievance of the appellants was that since the complaint before the NCDRC pertained to the deficiency in service as regards the provision of lifts, the order of the NCDRC directing the payment of 70% of the total maintenance amount (as opposed to 70% of the maintenance charges collected for lifts) is contrary to the tenor of the complaint and the original order.

The Court relied on a judgment in Karnataka Housing Board vs K.A. Nagamani (2019) 6 SCC 424, where the Supreme Court had made a distinction between execution proceedings and original proceedings and had held that the former are separate and independent. Therefore, having regard to Section 23 of the CPA, an appeal will not lie to the Supreme Court against an order which has been passed in the course of execution proceedings. The appeals were therefore dismissed as not being maintainable.

The Court further observed that an appeal under Section 23 of the CPA is maintainable against an order which has been passed by the NCDRC on a complaint where the value of the goods or services and compensation, if any, claimed, exceeds the threshold which is prescribed.
Justices Dr Dhananjaya Y Chandrachud and K M Joseph presided over the case.