R B PADHYE Vs. KABIR AUTOMOBILES

JUDGEMENT

(1.) THESE proceedings are commenced on application from complainant under sections 25 and 27 of the Consumer Protection Act, 1986 alleging the non-compliance of the order of this commission dated 13-8-1992 passed on complaint No. 111/92. By the aforesaid order, this commission has directed opposite party No. 2 M/s. Sipani Automobiles to pay to complainant Rs. 1,25,025/- together with interest at the rate of 18% per annum from 7-12-1990. The opposite party No. 1 M/s. Kabir Automobiles was directed to pay Rs. 1000/- as costs. The opposite parties were noticed as regards the execution of the order of this commission mentioned above under section 25 of the Consumer Protection Act, 1986. We directed the complainant to approach the District Court, Banglore for execution of the aforesaid order under section 25 of the Consumer Protection Act, 1986.

(2.) SO far as penal action under section 27 of the Consumer Protection Act, 1986 is concerned, the opposite parties remained absent on the dates of hearing. We therefore find that the opposite parties have failed to comply the order of this commission. Despite this proceedings and having served with the intimation of the aforesaid order of this commission, the opposite parties omitted to comply with the aforesaid order. In the circumstances, in exercise of the powers conferred by section 27 of the Consumer Protection Act, 1986, we hold both the opposite parties guilty under section 27 of the Consumer Protection Act, 1986 and impose on opposite party No. 2 viz. M/s. Sipani Automobiles Ltd. a fine of Rs. 10,000 over and above the amount of cost already directed to be paid as per final order passed by this commission. The opposite party No. 1 viz. M/s. Kabir Automobiles is also sentenced to pay a fine of Rs. 1000/- for committing the breach within the meaning of section 27 of the for Consumer Protection Act, 1986. The Registrar will issue a copy of this order to Collector, Nagpur & Banglore requesting them to recover the aforesaid fine from the opposite parties as arrears of land revenue under section 421(1)(b) of the Criminal Procedure Code.