Case: M/s Ambience Infrastructure Private Limited (Now known as) Ambience Developers and Infrastructure Pvt Ltd and Another Vs. Ambience Island Apartment Owners and Others

1. These appeals are from an order of the National Consumer Disputes Redressal Commission dated 3 November 2015. The order of the NCDRC is in execution proceedings arising out of an original judgment and order dated 19 March 2014 in Consumer Case No 93 of 2004. By its order dated 19 March 2014, the NCDRC directed the appellants to pay 70% of the maintenance charges from November 2002 with interest at 9 % per annum within 90 days or else pay at an enhanced rate of 12 % per annum.2. The order of the NCDRC was challenged before this Court in a civil appeal which was dismissed on 29 August 2014. An execution proceeding was initiated before the NCDRC which has resulted in an order dated 3 November 2015. The NCDRC has, by its order, come to the conclusion that under the original order the decretal amount would cover sixty-six persons and that the appellants are liable to pay seventy per cent of the total maintenance charges.

Reasoning: 7. From the above provision, it is evident 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.8. In a recent judgment in Karnataka Housing Board vs K.A. Nagamani (2019) 6 SCC 424 , this Court made a distinction between execution proceedings and original proceedings and held that the former are separate and independent. 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. The appeals are hence dismissed as not being maintainable.