RAGHAVAN Vs. DISTRICT FORUM FOR CONSUMER DISPUTES REDRESSAL

JUDGEMENT

(1.) Whether a person can be punished a second time with fine or imprisonment or with both for the same offence of non-compliance with the orders passed by the District Forum/Commissions under Section 27 of the Consumer Protection Act, 1986 is the issue arising for consideration in this case.

(2.) Two modes of implementation of the orders under the Act are provided, under Section 25 by attachment of the property/revenue recovery and under Section 27 by way of punishment either with fine or with imprisonment or with both. Sections 25 and 27 read as follows:-

(3.) Section 27 provides for penalties in the case of failure on the part of the person to comply with any order passed by the Forum or the Commissions. The penalty is punishment of imprisonment for a term which shall not be less than one month, but which may extend to three years or with fine which shall not be less than Rs. 2,000/-but which may extend to Rs. 10,000/- or with both. As per the amendment by Act 62/2002 with effect from 15.3.2003, the Forum/Commissions are vested with the powers of Judicial Magistrate of the First Class and they are deemed to be so for the purpose of the Code of Criminal Procedure, 1973. The offence is to be tried summarily.