Today was fixed for final orders for the judicious disposal of the present execution in the light of the continuing circumstances resulting out of the repeated failure of the Police (Batala Police district) to arrest the accused/J.D./Respondent Gurdhian Singh and produce him before the Forum in compliance of its even orders. We have concernedly perused the depositions as made out in his Affidavit (filed on 03.03.2016 date) by the decree holder applicant Diwan Singh uncovering the ‘sops of favor’ as exhibited by the Batala Police official deputed to arrest the accused Gurdhian Singh. We also passed the proper orders dated 05.04.2016 expressing our displeasure at the above action (rather inaction) of the Batala district police further directing them to arrest the J.D./Respondent for production before the Forum. However, we are constrained to note that the J.D./Respondent is still at large, evading arrest, neither have appeared before the forum at his own nor arrested and produced (before us) by the police authority and thus we proceed further with the pronouncement of final orders in the execution application in hand. 

2.       Unveiling the present execution, it shall be pertinently observed to have been revived on 10.03.2015 having first filed on 19.11.2013 to execute ‘compliance’ of the orders dated 30.07.2013 of the Honorable Punjab State Commission at Chandigarh (in FA # 646, 647 & 648; all of 2012) and also the orders (in furtherance to compliance) dated 28.04.2014 (in M.A. # 71, 72 & 73; all of 2013). It is further observed that the accused has been continuously evading arrest (rather managing non-arrest/freedom) by somehow securing/winning the illegal favor of the Batala Police officials deputed to arrest him in execution of the ‘arrest-warrants’ duly issued by the Forum. We find the present situation has amounted to an obstacle in the administration of justice and as such the same needs be dealt-in with a firm hand.

3.       We also observe that the M.A. # 71, 72 & 73 (all of 2013) were duly and finally disposed of on 28.04.2014 by the forum by awarding simple imprisonment of ‘2’ years and a fine of Rs.5,000/- to the JD respondent. However, the DH applicant(s) entered into a compromise on 29.04.2014 with the JD respondent settling the repayment schedule and as a result the above orders (of 28.04.2014) were duly set-aside and presently the stale execution has been prayed to be revived.

4.       We have carefully examined and perused the entire backdrop documents and evidence as available on the case file(s) at different stages of proceedings in the light of the DH applicant’s arguments and find that the present JD respondent has been a chronic and habitual offender who (as per the past history of records) is adamantly averse to comply the present orders under execution.    

5. In the light of the all above, we are of the considered opinion that an adverse statutory award under the provisions of section 27 of the Consumer Protection Act’ 1986 shall meet the ends of justice. We find from the act and conduct of the J.D./respondent that he is not inclined to execute the necessary compliance (in totality) of the Forum's orders. Under the circumstances and in the light of the sufferings of the D.H./complainant, we ORDER the J.D./respondent Gurdhian Singh to undergo simple imprisonment for two years along with a fine of Rs.5000/- to be deposited in consumer legal aid account at Gurdaspur (and in default to undergo a further simple imprisonment for another three months) U/s 27 of the Consumer Protection Act, 1986.
6. Thus, the office superintendent is directed to dispatch a copy of the present orders alongwith necessary warrants of arrest to the Police Head, Police District, Batala i.e. SSP, Batala  with a direction to expedite ‘arrest’ and subsequent ‘production’ of the sentenced accused Gurdhian Singh before the Forum for furtherance in the matter in issue.
7. Copy of the present orders to be supplied to the litigants as per the statutory rules and file to be consigned to records.

(Naveen Puri)

                                                                       President.                                                                                 

ANNOUNCED:                                           (Jagdeep Kaur)

AUG. 11, 2016                                                      Member.

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