1. Aggrieved by the order dated 07.12.2011, passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (for short “the State Commission”) in First Appeal No. A/09/690, the Complainant has filed this Revision Petition, asserting that the State Commission has erred in dismissing the Appeal, preferred by him, against the order dated 26.06.2009, passed by the District Consumer Disputes Redressal Forum at Nagpur (for short “the District Forum”) in Miscellaneous Case No. MA/08/126. By the said order, the District Forum, taking cognizance of the Application filed by the Petitioner/Complainant under Section 27 of the Consumer Protection Act, 1986 (for short “the Act”), on account of the failure on the part of the Respondent Bank in not complying with the directions issued by the District Forum vide order dated 19.03.008 within the stipulated period of 30 days, had awarded in favour of the Complainant costs of ₹1,000/-. 2. The short grievance of the Petitioner, who appears in person, is that in light of clear language of Section 27 of the Act, having come to the conclusion that the Respondent Bank had failed to comply with the final order, no discretion is vested in any Consumer Forum to impose the fine by way of penalty, which is less than the amount mentioned in the Section itself. It is submitted by the Petitioner that the amount of penalty imposed by the District Forum is also not commensurate with the harassment undergone by the Petitioner in pursuing the Complaint and the Execution Application. 3. Having heard the Petitioner and learned Counsel appearing for the Respondent Bank, we find some substance in the submission made by the Petitioner. 4. A plain reading of Section 27 of the Act would show that once the Forum concerned comes to the conclusion that a person, against whom a Complaint had been made, had failed to comply with the order passed by it, but punishment with imprisonment is not warranted, the Forum concerned has no discretion to levy fine, which is less than ₹2000/-. The fine stipulated in the Section is between ₹2,000/- and ₹10,000/-. 5. In that view of the matter, bearing in mind the facts of the case, we are of the view that the ends of justice would be sub-served if the costs imposed by the District Forum and confirmed by the State Commission are enhanced to ₹5,000/-. Since it is stated by the Petitioner that he has not received even the costs of ₹1,000/-, we direct that a sum of ₹6,000/- shall be remitted to him by the Bank within four weeks from the date of receipt of a copy of this order. 6. The Revision Petition stands disposed of in the above terms. |