ROOPA Vs. VIJAY KUMAR

JUDGEMENT

(1.) The petitioner has sought for setting aside the order dated 19-8-2009 in E.P. No. 68 of 2009 on the file of the Dakshina Kannada Consumer Disputes Redressal Forum, Mangalore.

(2.) It appears, the decree-holder before the Consumer Forum had filed an execution petition for execution of the decree. In this regard, the matter was posted on 19-8-2009. Since the petitioner had not appeared in the case, the Presiding Officer of the District Consumer Redressal Forum had issued non-bailable warrant through Superintendent of Police. At this stage, the petitioner is before this Court.

(3.) Learned Counsel for the petitioner submits that before issuing NBW, the Presiding Officer is required to follow the procedure contemplated under Section 27 of the Consumer Protection Act, 1986 and the said procedure is not followed. However, he also submits that the petitioner herein would appear before the Consumer Forum on the date fixed by this Court to avoid unnecessary delay in the matter.