Execution of Orders Passed by Consumer Forums and Commissions

I find that quite often, the persons against whom Consumer Forums and Commissions pass orders take the orders very lightly. They feel that these orders can not be enforced.

The truth is otherwise. The Consumer Forums and Commissions can send such persons to jail. For this purpose, they have all the powers of a judicial magistrate.

I am reproducing Paras 30 and 31 of the order passed by the State Consumer Commission, Chandigarh in Sushil Siwach VS Shalimar Estates Pvt. Ltd., passed on 23/06/2014 with case number EA. : 21 of 2014 (I am giving the link below)

30. Keeping in view the facts and circumstances of the case, contumacious defiance of the order dated 13.12.2012, passed by this Commission, in the Consumer Complaint, bearing No.42 of 2012, with impunity, bySh. R.K. Aggarwal, Managing Director of Shalimar Estates Private Limited, Judgment Debtor/Opposite Party,and considering the fact that faith of the Consumers, is not shattered, in the Consumer Foras, set up for speedy redressal of grievances, he does not deserve any leniency, in the matter of imposition of sentence. Sh. R.K. Aggarwal, Managing Director of Shalimar Estates Private Limited, Judgment Debtor/Opposite Party, is sentenced to undergo simple imprisonment for a period of 2 years, and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo further simple imprisonment for 6 months.

31. Non-bailable warrants of Sh. R.K. Aggarwal, Managing Director of Shalimar Estates Private Limited, Judgment Debtor/Opposite Party, returnable for 23.07.2014, be issued, for his arrest, and detention in Jail, to undergo sentence, awarded to him.

http://www.indiacase.com/state-commissions/56632-consumer-court-case-on-shalimar-estates-pvt-ltd-ea-21-of-2014

Leave a Reply

Your email address will not be published. Required fields are marked *