PARMA NAND JOGINDER PAL vs G.M.P.FINISHING MILLS COLD STORAGE

THIS execution application has been filed under Section 27 of the Consumer Protection Act, 1986 on the ground that the respondent has not complied with the order of this State Commission in Original Complaint No. 17 of 1998, even though the order was passed on 29.10.1998. The operative part of the order is as under : "The complaint is allowed against opposite party No. 1-Cold Storage, who is directed to pay Rs. 3,16,104.67 with 18% p.a. interest thereon w.e.f. 24.4.1996 till realisation along with costs of litigation of Rs. 2,000/-. The directions be complied within one month from receipt of copy of this order."

TO support the version, the applicant has filed a copy of the order passed by this Commission on 28.10.1998 in Complaint No. 17 of 1998 (C-1). On notice being served by this Commission on the respondents, none appeared on 30.3.2000 and the case was adjourned to 29.5.2000 for preliminary hearing in the interest of justice. On 29.5.2000 notice was ordered to be issued for 22.6.2000. On 22.6.2000 Mr. J.S. Nanda, Advocate appeared for the respondent and the case was adjourned to 2.8.2000 for filing reply. On 2.8.2000 both the Counsel submitted before us that decision on the appeal filed against the order of this Commission dated 29.10.1998 was pending before the National Commission and adjournment was sought. The case was adjourned to 17.10.2000. On 17.10.2000 none was present for the respondent. Case was adjourned to 7.11.2000. Again on 7.11.2000 none was present for the respondent and the case was adjourned to 8.11.2000. Still again on 8.11.2000 none was present for the respondent, the learned Counsel for the applicant could not tell the position about the case pending before the National Commission. The case was adjourned to 27.11.2000. On 27.11.2000 none was present for the respondent and it was ordered that notice be issued to Mr. J.S. Nanda, Advocate for the respondent for 4.12.2000. On 4.12.2000, Mr. J.S. Nanda, Advocate appeared for the respondent and sought a short adjournment to complete instructions from his client. The case was adjourned to 11.12.2000. On 11.12.2000 none appeared for the respondent. Case was adjourned to 21.12.2000 with the observations that no further adjournment shall be granted. Mr, Pardeep Rajput, Advocate appeared for the respondent and stated that he had been engaged on that day only and sought adjournment. The case was adjourned to 28.12.2000 for arguments on execution application. Today both the Counsel for the parties are present and have argued.

Learned Counsel for the applicant submitted that the complainant has filed an appeal against the order of this Commission with a prayer to direct the opposite party to pay Rs. 18,70,716/- with interest. It is also argued that more than two years have elapsed, but the opposite party No. 1 has failed to comply with the order made by this Commission. It is prayed that the proceedings under Section 27 of the Consumer Protection Act, 1986 be initiated without prejudice to the complainant''s right in the appeal pending before the Hon''ble National Commission, New Delhi.

LEARNED Counsel for the respondent stated that he has no knowledge whether there is any order of stay of the Hon''ble National Consumer Disputes Redressal Commission operating against the order dated 29.10.1998 of this Commission. However, prayed for another adjournment. No other contention was raised in the context. We have heard the learned Counsel for the parties. Section 27 of the Consumer Protection Act, 1986 lays down the penalties which can be imposed on the persons who fail to comply with the orders passed by the Consumer FORA. The relevant Section 27 is reproduced below : "Where a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both : Provided that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence of imprisonment or fine, or both, for a term lesser than minimum term and the amount lesser than the minimum amount, specified in this section."

LEARNED Counsel for the applicant submitted that the proceedings under Section 27 of the Consumer Protection Act may be initiated against Sh. Arun Behl, partner of opposite party No. 1. Having regard to the fact that since till date the applicant/complainant has been deprived of his money. In the circumstances of the position explained, we are of the view that the opposite party has failed to comply with the order dated 29.8.1998 of this Commission and is, thus, guilty of non-compliance of order as aforesaid. In these circumstances, we under Section 27 of the Consumer Protection Act, 1986, order punishment with imprisonment for a term of one and half years (one year and six months) with fine of Rs. 5,000/-. We direct the Registry of this Commission to issue warrants of arrest against Sh. Arun Behl partner of M/s. G.M.P. Finishing Mills Cold Storage, Near Pathak No. 22, Link Road, P.O. Khalsa College, Amritsar and his detention in Central Jail, Amritsar for a period of one and half years (one year and six months) by way of punishment for non-compliance of order dated 29.10.1998. The Senior Superintendent of Police, Amritsar, having jurisdiction over Amritsar to take immediate action to execute the warrants of arrest against Sh. Arun Behl, partner of M/s. G.M.P. Finishing Mills Cold Storage, Near Pathak No. 22, Link Road, P.O. Khalsa College, Amritsar. The Superintendent of Central Jail, Amritsar is directed to keep him in Central Jail, Amritsar for the period one and half years (one year and six months) from the date of admission to. the jail in compliance of the order of this Commission. The Registry of this Commission will prepare the necessary papers and warrants of arrest of the aforesaid person and issue forthwith. E.P. disposed of.