Kolkata: Observing that law doesn’t authorise Consumer Forum to issue an arrest warrant for enforcement of its order under the Code of Criminal Procedure (CrPC), the Calcutta High Court quashed one such warrant issued by the forum in a consumer dispute case.
The bench of Justice Suvra Ghosh was moved by a petitioner, seeking quashing of an arrest warrant and orders passed against him by a District Consumer Disputes Redressal Forum (Consumer Forum).
Counsel for petitioner submitted his client was never made a party in the case before the Consumer Forum or the execution case.
The private opposite party had entered into an agreement with the petitioner for purchasing a tractor in 2013. The petitioner was paid the majority of the sum in installments and there was a due of some Rs 25,716. It was agreed that the registration certificate and other relevant documents of the vehicle would be made over to the private party upon clearance of the entire due amount.
However, a finance company took possession of the vehicle upon execution of a surrender letter by the opposite party due to failure to repay the loan. The company sold the vehicle to another person.
The opposite party filed a complaint before the Consumer Forum and sought direction upon the respondent therein to hand over the registration certificate of the tractor and also release the tractor and trailer in his favour, apart from seeking compensation.
Forum directed the respondent to hand over the registration certificate after receiving the due amount from the complainant.
An execution case was filed by the opposite party and an arrest warrant was issued against the petitioner.
Court observed that law does not authorise the Forum to issue an arrest warrant for enforcement of its order under the CrPC. The District, State or National Commission can only issue a warrant for detention of the judgment debtor in civil prison in accordance with the provision laid down under the Code of Civil Procedure (CPC).