Consumer Protection Act, 1986, Section 27 -- Penalties - Held that the words `any order' used in the language of Sub-section (1) of Section 27 are wide enough - Therefore, an order, which is though not an interim order talked of under Section 13(3B) and enforceable in the manner laid down in Sub-sections (1) and (2) of Section 25, yet has the characteristics of such an..........
Consumer Protection Act, 1986, Section 27 -- Penalties - Object and purpose of the Act is to ensure as to how the interest of the consumer can be best served - The Act is more concerned with the `Redressal of grievance' of the Consumer rather than imposition of punishment on person(s) who fail to omit or comply with the orders of the Forum - It is, therefore, desirable..........
Consumer Protection Act, 1986, Section 27 -- Constitutional validity challenged - Held that parliament has specially enacted Section 27 of the CPA Act so as to give teeth to the provisions of CPA Act - Section 27 including its proviso held constitutionally valid...........
Consumer Protection Act, 1986, Section 27 -- Scope - Held that District Forum, State Commission or National Commission can themselves impose sentence of imprisonment or fine and they need not refer a complaint to the regular criminal court for this purpose...........
Consumer Protection Act, 1986, Section 27 -- Nature and object - Proceedings u/s 27 of the CPA Act are in the nature of proceedings for civil contempt, and their object is to compel obedience of the orders of the District Forum, State Commission or the National Commission...........
Consumer Protection Act, 1986, Section 27 -- Procedure - Only procedure required in proceedings u/s 27 of the CPA Act is that the principles of natural justice should be complied with...........
Consumer Protection Act, 1986, Section 25,27 -- Execution - No direction or stipulation in the order passed by the District Forum regarding payment of post decree interest - The same cannot be passed in execution proceeding - The executing court cannot go behind the decree - It is the decree as passed, which is to be implemented...........
Consumer Protection Act, 1986, Section 27 -- Scope - Section 27 of the CP Act confers an additional power upon the Forum and the Commission to execute its order - It is akin to Order 39 Rule 2-A CPC or the provisions of Contempt of Courts Act or Section 51 r/w Order 21 Rule 37 CPC - Section 25 should be read in conjunction with Section 27 CP Act...........
Consumer Protection Act, 1986, Section 25,27 -- Unless and until a stay is granted and the `stay order' is presented before the District Fora, the Fora is bound to take action u/ss 25 and 27 of the Act - No stay order was granted by the State Commission - District Forum was not justified in dismissing the application as pre-mature - Impugned order set aside - Case remanded..........
Consumer Protection Act, 1986, Section 27 -- Penality - Order of refund of Rs.20,000/- passed ex parte not complied with - District Forum issuing notice to OP who chose not to appear again and fine of Rs. 2,500/- imposed - Revision petition for enhancement of punishment in which also the OP did not appear despite service - Held that District Forum failed to exercise its..........
