Consumer Forums Not Legally Authorised To Issue Arrest Warrants: Calcutta High Court

The Calcutta High Court has held that consumer forums, in exercise of their powers under the Consumer Protection Act, are not authorised to issue arrest warrants while imposing penalties under Sections 71 or 72 of the act.

Justice Suvra Ghosh held: Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as the case may be, meaning thereby, that the Commission is empowered to initiate proceeding under section 72 of the Act for penalty for non-compliance of the order. The decree holder may take recourse to section 71 or section 72 of the Act for execution of the order passed by the Consumer Forum. The law does not authorize the Forum to issue warrant of arrest for enforcement of its order under the Code of Criminal Procedure.

The petitioner sought quashing of the proceedings of a case arising out of C.C. no. 80 of 2016, including orders dated 13th December 2019, 22nd September 2022 and subsequent orders till the order dated 28th March 2024.

Counsel for the petitioner submitted that the petitioner was never made a party in the case before the District Consumer Disputes Redressal Forum (in short the Consumer Forum) or the execution case.

The private opposite party entered into an agreement with the petitioner for purchasing a tractor on 20th November 2013 upon payment of an advance of Rs. 10, 000/- out of total consideration of Rs. 7,78, 710/-.

At the time of the delivery of the vehicle, the opposite party paid Rs. 5,30, 000/- by taking a loan of the said amount from L&T Finance and a sum of Rs. 2,18,716/- was due. It was agreed that the registration certificate and other relevant documents pertaining to the vehicle would be made over to the private opposite party upon clearance of the entire due amount.

The private opposite party paid Rs. 1, 93,000/- to the petitioner at different times and Rs. 25,716/- was due. The private opposite party failed to pay the monthly instalments to the finance company (L&T) for which the company took possession of the vehicle upon execution of a surrender letter by the opposite party on 20th May, 2015.

The finance company then sold the vehicle to one Shib Nath Das who is the present owner. 

The private opposite party filed a complaint before the Consumer Forum under section 11/12 of the Consumer Protection Act which was registered as Consumer Case no. 80 of 2016. The private opposite party sought a direction upon the respondent to hand over the registration certificate of the tractor and also release the tractor and trailor in his favour.

He further claimed compensation to the tune of Rs. 4, 00, 000/- and litigation expenses.

The complaint was filed against the branch manager of S&S Automobiles and by an order passed on 27th July, 2018, the Forum directed the respondent to issue/hand over the registration certificate of the tractor after receiving the due amount from the complainant to the tune of Rs. 25,716/- within 30 days from the date of the order.

An Execution case being EA 41 of 2018 was filed by the private opposite party and warrant of arrest was issued against the petitioner by order dated 13th December, 2019.

Court noted that the legal issue involved herein is as to whether the Consumer Forum has the authority to issue a warrant of arrest against the judgment debtor/the petitioner in the execution proceeding.

The petitioner claimed that he was not impleaded as a party in the consumer case or in the execution case and learnt about the same only when warrant of arrest was issued.

The case has been filed against the branch manager, S&S Automobiles whereas the petitioner is the sole proprietor of S&S Automobiles.

Court noted that Section 71 of the Consumer Protection Act, 1986 deals with the procedure for enforcement of the order of the District Commission, State Commission, and National Commission.

Therefore an order granting specific performance of an agreement as in the present case is executable under the provision of Order XXI of the Code of Civil Procedure and may be executed by putting the judgment debtor in civil prison or by attachment and sale of his property or by both. Warrant of arrest can be executed by the executing Court to compel the attendance of the judgment debtor and cost of execution of the warrant of arrest as well as civil prison is required to be borne by the decree holder upon assessment of the same by the Forum, the Court held.

It further noted that Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as the case may be, meaning thereby, that the Commission is empowered to initiate proceeding under section 72 of the Act for penalty for noncompliance of the order.

However, it held that issuing an arrest warrant by the consumer forum would be bad in law and thus quashed the case. 

Case: Abdul Manim Mollah v/s. The State of West Bengal & Anr.

Case No: C.R.R. 1499 of 2024

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