An order of the consumer commission can be executed by a civil court and hyper-technicalities should not stand in the way, the Supreme Court stated last week in the judgment, HKK Bail vs Cyma Exports (P) Ltd. In this case, a person filed a complaint before the Karnataka consumer commission about not delivering a flat promised by the building company. The commission asked the builder to complete the work and hand over possession with interest on the payments. The order was final. But when the consumer moved the civil court to execute the decree, the company challenged the jurisdiction of the civil court. The latter rejected the objection but asked the consumer to move a Mumbai court as the company was registered there. The consumer then appealed to the Supreme Court. Allowing his petition, the Supreme Court remarked: “It is because of these hyper-technicalities that the judiciary is getting a bad name. All sorts of objections are raised to linger on the matter as much as possible. There is the first inning in which the dispute often comes up to this court to secure a final order. Then the second inning starts to execute the order in which again all kinds of objections are raised to linger on the matter to avoid execution of the decree. Now the time has come when people of India are fed up and are not going to tolerate such delay tactics to subvert the operation of judicial orders.”
I tried to search the Judgment of the Supreme Court on the website of the Supreme Court of India, but there appears no such Judgment.
Under the Case Status Tab of the Supreme Court of India website, matters with name of the parties given in the news appear to be S L P (Civil) – 13109/2005 and Status shown is PENDING.
If anybody now anything or have copy of the Judgment of the Supreme Court, please post the link or email copy to me – my email is nahar_sv@yahoo.co.in