Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]

The Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in the course of execution proceedings is not maintainable.M/s Ambience Infrastructure Private Limited was directed by the NCDRC to pay to the complainants 70% of the maintenance charges from November 2002 with interest at 9 % per annum within. The Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in the course of execution proceedings is not maintainable. Referring to Section 23 of the Consumer Protection Act 1986, the court observed that an appeal under Section 23 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. While dismissing the appeal as not maintainable, the bench observed: "In our view, having regard to Section 23 of the Consumer Protection Act 1986, an appeal will not lie to this court against an order which has been passed in the course of execution proceedings.