D.P. SEHGAL vs Ashok Goyal

- THE District Forum, Ajmer has by its order dated 5.1.96 sentenced Shri D.P. Sehgal, proprietor, M/s. Alfa Automobiles, in front of Music College, Sardar Patel Marg, Ajmer to three months rigorous imprisonment and with a fine of Rs. 1000/- for failing to comply with the order passed by the District Forum on 27.6.92 in Complaint Case No. 5/92 against M/s. Alfa Automobiles. THE petitioner had also filed an Appeal No. 855/ 96 against the order passed in the complaint case on 27.6.92. This appeal has been dismissed on 5.12.96 on the ground that it was barred by limitation. Thus the order passed by the District Forum in the main complaint case has become final.

HOWEVER, it was contended by the Counsel for the petitioner that Shri D.P. Sehgal has no concern with Alfa Automobiles and, therefore, the order passed under Section 27 of the Consumer Protection Act, 1986 against him is wrong. After the revision had been filed, the petitioner had been directed to deposit the amount awarded in the complaint case and the fine amount imposed by the District Forum by order dated 5.1.96 in the said Forum. The petitioner has complied with the interim order. Since the petitioner had not appeared before the District Forum, Ajmer in proceedings under Section 27 of the Consumer Protection Act, 1986 and since he had been served by publication of the notice in Dainik Nyay Newspaper, it appears proper to give to the petitioner an opportunity to show cause against the application under Section 27 of the Act filed by the complainant. The amount deposited by the petitioner will not be refunded to the complainant and fine amount will not be refunded till the matter is decided by the District Forum by giving an opportunity to the petitioner to file reply to the application under Section 27. We, therefore, set aside the order of the District Forum imposing sentence of three months rigorous imprisonment upon the petitioner and also of the fine amount and remand the application under Section 27 of the Consumer Protection Act, 1986 bearing No. 14/93 to the said Forum to give to the petitioner an opportunity to file reply to the application and then to decide the application afresh in accordance with law. The petitioner Shri D.P. Sehgal is directed to appear before the District Forum, Ajmer. Order set aside.