RAMESH G. KOHALI Vs. SHIVANAND SHANBAG

JUDGEMENT

(1.) This appeal is directed against the order of the State Commission dated 16.02.2019, whereby the appellant was sentenced to undergo imprisonment for three years under Section 27 of the Consumer Protection Act, 1986, he having failed to comply with the order of the State Commission dated 30.01.2014 passed in Consumer Complaint No.295/2011. It is informed that pursuant to the order passed by the State Commission the Appellant is in custody in Amaravati jail for last more than 10 months.

(2.) The procedure to be followed by a Consumer Forum under Section 27 of the Consumer Protection Act, 1986 came for consideration by Three Members Bench of this Commission in EA No.80/2019 in Consumer Complaint No.14/2015 (Rajnish Kumar Rohtagi and Anr. vs. Unitech Ltd. and Anr.), and the following view was taken:

(3.) Admittedly, the procedure as approved by the larger Bench of this Commission has not been followed in this matter. Admittedly, no notice under Section 251 of the Code of Criminal Procedure was given to the Appellant. No opportunity to cross-examine the complainant was given to him. Admittedly, no opportunity to lead defence was given to him. Admittedly, his statement under Section 313 read with section 281 of the Code of Criminal Procedure was not recorded. The impugned order, therefore, cannot be sustained and is set-aside. The matter is remitted back to the State Commission to decide the same afresh, following the above referred procedure approved by the larger Bench of this Commission.