National Consumer Redressal Commission Dismisses Builder's Appeals Against Execution Orders for Non-Compliance with Final Orders. Failure to Comply with State Commission's Directions Leads to Dismissal with Costs.

Tribunals: National Consumer Disputes Redressal Commission In Favour of Prosecution
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Case Note & Summary

The judgment pertains to two appeals filed by M/s Utkal Realtors Pvt. Ltd. against orders dated 22.06.2023 passed by the State Consumer Disputes Redressal Commission, Odisha, in execution applications EA/02/2021 in CC/57/2017 and EA/5/2021 in CC/50/2016. The appellant, a builder, had failed to comply with the final orders passed in the consumer complaints. The National Consumer Disputes Redressal Commission, New Delhi, heard the appeals and observed that the appellant had not complied with the directions of the State Commission. Consequently, the appeals were dismissed with costs, upholding the execution orders.

Headnote

A) Consumer Law - Execution Proceedings - Finality of Orders - Consumer Protection Act, 2019 - The appeals were filed against orders passed in execution proceedings arising from consumer complaints. The National Commission held that since the appellant had not complied with the final orders in the main complaints, the appeals were not maintainable and were dismissed with costs. (Paras 1-8)

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Issue of Consideration

Whether the appeals against execution orders are maintainable when the appellant has not complied with the final orders passed in the consumer complaints.

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Final Decision

Both appeals are dismissed with costs.

Law Points

  • Consumer Protection Act
  • 2019
  • Execution proceedings
  • Finality of orders
  • Dismissal of appeal for non-compliance
  • Costs
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Case Details

2025 LawText (NCDRC) (01) 39

Appeal Execution No. 221 of 2023 and Appeal Execution No. 256 of 2023

2025-06-10

M/s Utkal Realtors Pvt. Ltd.

Anil Kumar Jena and Rajendra Kumar Kar

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Nature of Litigation

Appeals against orders passed in execution proceedings arising from consumer complaints.

Remedy Sought

Setting aside of the execution orders passed by the State Commission.

Filing Reason

The appellant builder failed to comply with the final orders in the consumer complaints, leading to execution proceedings.

Previous Decisions

State Consumer Disputes Redressal Commission, Odisha, passed orders in EA/02/2021 in CC/57/2017 and EA/5/2021 in CC/50/2016 on 22.06.2023.

Issues

Whether the appeals against execution orders are maintainable when the appellant has not complied with the final orders.

Ratio Decidendi

An appeal against an execution order is not maintainable if the appellant has not complied with the final order sought to be executed.

Procedural History

The State Consumer Disputes Redressal Commission, Odisha, passed orders in execution applications on 22.06.2023. The appellant filed appeals against those orders before the National Commission. The National Commission dismissed the appeals on 10.06.2025.

Acts & Sections

  • Consumer Protection Act, 2019:
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Tribunals National Consumer Redressal Commission Dismisses Builder's Appeals Against Execution Orders for Non-Compliance with Final Orders. Failure to Comply with State Commission's Directions Leads to Dismissal with Costs.
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