EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. G. ILANGOVAN

JUDGEMENT

(1.) The respondent / opposite party, in EP.1/2006 in O.P.No.30/2005, on the file of District Forum, Tuticorin, is the appellant.

(2.) The respondent in this appeal, as complainant, obtained an order in OP.No.30/2005, on the file of District Forum, Tuticorin, directing the opposite party/ appellant, to execute the sale deed, in respect of the house, which he had purchased, as well as for payment of compensation of Rs.20000/-, with cost on 23.12.2005. The opposite party having suffered the above said order, has not complied the same, and therefore, in order to enforce the said order/award, EP.No.1/2006 was filed before the District Forum.

(3.) The opposite party, who has failed to contest the case in the original complaint, also failed to appear before the District Forum, in the execution proceedings also, though notice was served and acknowledged, as recorded by the District Forum. The District Forum setting the Judgement Debtor exparte, considering the fact that the order dt.23.12.2005, was not complied with, came to the conclusion, that the opposite party had committed an offence under Sec.27 of the Consumer Protection Act, and thereby concluding guilty, convicted and sentenced the opposite party, to undergo simple imprisonment for 6 months, as per the order dt.7.4.2006, which is impugned in this appeal.