KOLKATA: A consumer forum cannot issue an arrest warrant like a criminal court. It can only issue detention orders like a civil court, Calcutta high court held in its recent order.
"Law does not authorise the forum to issue a warrant of arrest for enforcement of its order under the Code of Criminal Procedure," Justice Suvra Ghosh said Wednesday while quashing the District Consumer Disputes Redressal Forum's arrest warrant issued against a Hooghly automobile company branch manager.
Justice Ghosh referred to a judgment of a coordinate bench of Calcutta high court according to which, in an execution application, the commission can issue a warrant for detention of the judgment debtor in civil prison as per the Code of Civil Procedure . According to Section 71 of the Consumer Protection Act, 1986, Justice Ghosh interpreted that an order granting performance of an agreement is executable under the Code of Civil Procedure and may be executed by putting the debtor in civil prison or by attachment of his sale and property, or both.
In 2013, a man purchased a tractor from an automobile showroom in Hooghly. Of the total cost of Rs 7.78 lakh, the buyer paid Rs 10,000 in advance. He then paid Rs 5.30 lakh by taking loan from a finance company. A sum of Rs 2.18 lakh remained due. It was agreed that the vehicle's registration certificate would be handed over once he paid the due amount.
The man later paid Rs 1.93 lakh and only Rs 25,716 remained due. But since he failed to pay the monthly instalments, the finance company took possession of the vehicle in 2015, and sold it off to another individual.
The buyer lodged a complaint before the consumer forum in 2018, which directed the automobile seller to hand over the registration certificate and release the tractor after receiving the Rs 25,716 due within 30 days. The buyer filed an execution case, and a warrant of arrest was issued against the branch manager on Dec 19, 2019.
It was the branch manager's case that he had no idea of the ongoing case as he was not made a party to either of the proceedings and only came to know when the arrest warrant was issued. The legal issue before the Calcutta high court was to decide if the consumer forum had the authority to issue an arrest warrant against him in the execution proceeding.
"Law does not authorise the forum to issue a warrant of arrest for enforcement of its order under the Code of Criminal Procedure," Justice Suvra Ghosh said Wednesday while quashing the District Consumer Disputes Redressal Forum's arrest warrant issued against a Hooghly automobile company branch manager.
Justice Ghosh referred to a judgment of a coordinate bench of Calcutta high court according to which, in an execution application, the commission can issue a warrant for detention of the judgment debtor in civil prison as per the Code of Civil Procedure . According to Section 71 of the Consumer Protection Act, 1986, Justice Ghosh interpreted that an order granting performance of an agreement is executable under the Code of Civil Procedure and may be executed by putting the debtor in civil prison or by attachment of his sale and property, or both.
In 2013, a man purchased a tractor from an automobile showroom in Hooghly. Of the total cost of Rs 7.78 lakh, the buyer paid Rs 10,000 in advance. He then paid Rs 5.30 lakh by taking loan from a finance company. A sum of Rs 2.18 lakh remained due. It was agreed that the vehicle's registration certificate would be handed over once he paid the due amount.
The man later paid Rs 1.93 lakh and only Rs 25,716 remained due. But since he failed to pay the monthly instalments, the finance company took possession of the vehicle in 2015, and sold it off to another individual.
The buyer lodged a complaint before the consumer forum in 2018, which directed the automobile seller to hand over the registration certificate and release the tractor after receiving the Rs 25,716 due within 30 days. The buyer filed an execution case, and a warrant of arrest was issued against the branch manager on Dec 19, 2019.
It was the branch manager's case that he had no idea of the ongoing case as he was not made a party to either of the proceedings and only came to know when the arrest warrant was issued. The legal issue before the Calcutta high court was to decide if the consumer forum had the authority to issue an arrest warrant against him in the execution proceeding.
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