BOLARIA FINANCERS Vs. BABU SINGH

JUDGEMENT

(1.) We have heard the learned Counsel for the revisionist and opposite party No.1 Shri Babu Singh appearing personally and for his wife - opposite party No.2 Smt. Surjit Kaur. We have also examined the order of the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum-II) dated 2.2.2001 which is the subject-matter of this revision. The order passed by the District Forum-II on 2.2.2001 in Execution Case No.124 of 2000, reads as under : "complainant in person. Mr. Naresh Kumar Bansal, Adv. , for O. P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrant received back unserved. So fresh warrant be issued for 30.3.2001. Counsel for the opposite party moved an application for directions to the complainants to prove sufficient means and malafide intention of the judgment-debtor, for non-payment of decretal amount, before issuing the arrest warrant as the application copy supplied to the complainants. For reply to the application adj. to 30.3.2001. Sd/-Sd/-Sd/-2.2.2001 member member president"

(2.) This order was passed in the execution application filed in Complaint Case No.14 of 1996 filed by Shri Babu Singh and Anr. V/s. M/s. Bolaria Financers, Branch Office, 226, Sector 9-C, Chandigarh, under Sec.27 of the Consumer Protection Act, 1986 (for short hereinafter referred to as the C. P. Act) for complying with orders dated 2.11.1999 in Appeal No.291 of 1.2.2000. It appears from perusal of the order dated 11.7.2000 passed by this Commission and a copy of which is on record of the file of the District Forum-II that the successful applicant/complainant was directed to approach the Trial Court for the purpose of execution. It appears that the District Forum-II issued a Show Cause Notice to the opposite party for 5.10.2000. The case was taken up on 5.10.2000 and was adjourned to 15.11.2000 as the quorum was incomplete. On 15.11.2000, the Forum passed the following orders : "complainant in person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The order passed by this Forum has yet not been complied with. Sufficient time has elapsed. Even the show cause notice issued to opposite party has not brought any response. So to get our order implemented and to secure the personal attendance of opposite party, we are forced to take coercive action under Sec.27 of C. P. A. Let the warrants be issued against opposite party for 2.2.2001. Sd/-Sd/-Sd/-15.11.2k member member president" at this stage warrant received back unserved. "

(3.) It was on 2.2.2001 despite the presence of the opposite party through Mr. Naresh Bansal, Advocate, the order under revision was passed.