NAVEEN WADHWA Vs. ANIL KUMAR AJMANI

JUDGEMENT

(1.) THERE is no need to issue notice of the appeal as the respondent has no role to play to file reply because what is challenged is the discretion exercised by the District Forum under Section 27 of the Consumer Protection Act, 1986.

(2.) THE appellant has been sentenced in three execution petitions to undergo simple imprisonment for a period of one year each and pay fine of Rs. 10,000 each and in default to further undergo simple imprisonment for a period of three months, for having failed to comply with the order passed by the District Forum, directing him to pay Rs. 3,94,785 to the respondents. Both the sentences have been ordered to run consecutively.

(3.) THE grievance of the appellant is that the District Forum passed these orders on the oral statement and the oral show -cause notice. Section 27 of the Consumer Protection, Act, 1986, prescribes penalties for failure or omission by any trader or person against whom complaint is made, to comply any order made by the District Forum and for that purpose by the State Commission and National Commission. According to this provision, such a person shall be punishable for 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 two thousand rupees but which may extend to ten thousand rupees, or with both. In order to appreciate the import of this provision it needs to be reproduced and is as under: Section 27. Penalties: (1) Where a trade or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person to 2[or complainant] shall be punishable with 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 two thousand rupees but which may extend to ten thousand rupees, or with both: (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Forum or the State Commission or the National Commission, as the case may, shall have the power of a Judicial Magistrate of the First Class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the First Class for the purpose of the Code of Criminal Procedure, 1973. (3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be."