Kolkata: The Calcutta High Court has ruled that consumer forums can't issue arrest warrants in execution proceedings. Instead, they can only order detention in a civil prison. This decision came after a District Consumer Disputes Redressal Forum issued an arrest warrant against a petitioner, prompting an application challenging the order.
Justice Suvra Ghosh stated that the law doesn't authorise consumer forums to issue such warrants under the Criminal Procedure Code to enforce their orders.
Ghosh quashed the arrest warrant against the petitioner, ruling that it exceeded the authority granted to consumer forums under the Consumer Protection Act.
A 2013 loan agreement between a finance company and a borrower for a tractor purchase led to a dispute. The borrower failed to pay Rs 25,716, prompting the company to repossess the vehicle. The borrower then filed a complaint with the consumer forum, seeking the return of the tractor's registration certificate and the vehicle's release. This complaint was made under the Consumer Protection Act.
The forum had directed the respondent to hand over the registration certificate of the tractor after receiving the due amount from the complainant to the tune of Rs 25,716.
An execution case was filed by the private opposite party, and a warrant of arrest was issued by the commission against the petitioner via an order dated December 13, 2019.
Justice Ghosh said the legal issue involved herein is as to whether the consumer forum has the authority to issue a warrant of arrest against the petitioner in the execution proceeding.
He said that a coordinate bench of the high court had in 2022 held that in an execution application, the commission cannot issue a warrant of arrest in enforcement of its order.
It had held that the forum can issue a warrant for the detention of the judgement debtor in civil prison in accordance with the provision laid down under the Code of Civil Procedure.
(inputs from PTI)