PARMJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD.

(2.) CONSTITUTIONAL validity of the consumer protection Act, 1986 (hereinafter called the 'act') has been upheld by this court in the judgment pronounced today in vishwabharathi house Building Co-Operative Society Limited, Bangalore v Union of India and others.

(3.) VALIDITY of Section 27 of the act has specifically been assailed in this petition with prayer for quashing the same holding it arbitrary, unguided and thereby unconstitutional. It is submitted that consumer forums under the act have been clothed with the blanket powers to pass orders including an order of civil imprisonment for the breach that may be committed by the party against whom the order is passed under the act. As Section 27 does not prescribe any procedure for trial, the same is required to be declared unconstitutional being violative of Article 21 of the constitution. According to the petitioner, the aforesaid Section curtails the personal liberty of the citizen without prescribing any procedure to be followed before awarding the punishment as contemplated under the act. The personal liberty enshrined under Article 21 of the Constitution cannot be dealt with so lightly and permitted to be affected, destroyed or taken away in the manner provided under the act.