LAWS(NCD)-2005-9-68

RAJINDER SINGH Vs. SANJEEV KUMAR

Decided On September 15, 2005
RAJINDER SINGH Appellant
V/S
SANJEEV KUMAR Respondents

JUDGEMENT

(1.) RAJINDER Singh -appellant has filed the present appeal under Section 27 -A of the Consumer Protection Act, 1986 (hereinafter referred to as the Act, 1986) against the order dated 28.1.2004 passed by the District Forum, Ambala, whereby he has been sentenced to imprisonment for six months for non -compliance of the order dated 31.12.1998.

(2.) SANJIV Kumar -complainant had filed Complaint Case No. 746 of 1997 against the Sherry Bus Service, Ambala which was accepted on 31.12.1998, whereby the following directions have been given against the appellant -opposite party:

(3.) CHALLENGE to the order dated 28.1.2004 passed by District Forum, Ambala has been made on grounds, inter alia, that the appellant is neither owner of the bus nor partner of Sherry Bus Service and for that reason the application was not maintainable against him; that the provisions fo Section 27 of the Amended Act, 1986 had come into force on 15.3.2003 and for that reason they are not applicable to the pending proceedings before the District Forum; that the execution could be filed under Section 25 of the Act, 1986 only in which the action available to the complainant was to attach his property; that no notice or charge has been framed against him; that the impugned order is not a speaking order and that the objections filed by him have not been decided. These submissons have been refuted from the side of the respondent.