M MANJUBASH Vs. BEENA MOHANDAS

JUDGEMENT

(1.) Whether the beneficiary of an order under the provision of the Consumer Protection Act, 1986 is entitled to get interest for the delayed disbursement of the amounts awarded in the order, if not otherwise originally provided for, is the issue to be considered in this case.

(2.) The District Forum passed the order dated 1.6.99, ordering damages and costs. However, the same could be executed only in 2003, The Forum ordered interest at the stage of execution and hence the Writ Petition. The 1st respondent is the complainant before the Consumer Disputes Redressal Forum, Thrissur in O.P. No. 2/97. The complainant was disposed of by order dated 1.6.1999. The operative portion of the order reads as follows:

(3.) The matter was pursued in appeal before the State Commission and National Commission by the opposite parties. The appeals were dismissed. The complainant claimed interest from the date of the order of the District Forum, Thrissur namely 1.6.1999. The Forum in the process of execution passed the impugned orders directing payment of interest and ordering arrest and detention. In Ext.P4 the stand taken by the Forum is that since the opposite parties did not deposit the amount, the complainant is entitled to get interest. On refusing to pay the interest the order under Section 27 was passed. Sections 25 and 27 of the Consumer Protection Act regarding enforcement of order passed under the Act read as follows: