S MOORTHY Vs. L ALPHONES

JUDGEMENT

(1.) The above civil revision petition is filed under Article 227 of the Constitution of India against the order passed in E.P.No.37 of 1996 in O.P.No.73 of 1993 on the file of District Consumer Disputes Redressal Forum, Tiruchi, in and by which the petitioner was ordered to suffer simple imprisonment for a period of six months.

(2.) The case of the petitioner is briefly stated hereunder: Till the petitioner was arrested on 02.08.1999 and produced before the District Forum, the petitioner was not aware of any of the proceedings. Only after applying copies of the complaint in O.P.No.73 of 1993 filed by the respondents, order passed by the District Forum on the said complaint on 15.10.1993 along with the order passed in E.P.No.37 of 1996 dated 29.01.1997, he came to know that an ex parte order was passed in the complaint of the respondents dated 15.10.1993. It is further stated that the respondents had entrusted the petitioner with the task of providing labour contract for constructing a house for them for a sum of Rs.86,000/- and a sum of Rs.70,000/- had been paid by them to the petitioner, the petitioner had completed the work only to the tune of Rs.39,000/- and in spite of the request by them, the petitioner did not carry out the remaining work, resulting in the complainants suffering damage to the tune of Rs.50,000/- due to the non performance of work by the petitioner. Hence, the respondents claimed a sum of Rs.81,000/- (Rs.31,000/- towards balance of work and Rs.50,000/- towards damages). Because of his nature of work and he being a labourer, who undertakes petty labour/ contracts, the petitioner was not aware of the proceedings before the District Forum, therefore could not effectively contest the same, the entire proceedings in O.P., and the Execution Petition including the order of arrest were passed ex parte. The Consumer Forum had acceded its jurisdiction in entertaining the complaint and passing an order without due opportunity to the petitioner, which is in gross violation of cardinal principles to be followed before effecting civil arrest and sentencing him to jail for six months. The proceedings of the District Forum thus wholly illegal and arbitrary. Since the State Consumer Forum, which is the appellate authority was not functioning due to non filling up of vacancies at the relevant time, having no other remedy filed the revision under Article 227 of the Constitution of India.

(3.) Heard, Mr. V. Vijayshanker, learned counsel for the petitioner and Mr. B. Rajendran, learned counsel for the respondents.