BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.
E.A. No. 2 of 2015
Instituted On: 15.01.2015
Decided On: 08.07.2015
Chand Singh son of Lal Singh resident of Village Jhandewala, District Moga.
……. …. Applicant
Versus
1. Gurmel Singh Gill son of Mohinder Singh, Director/Partner of Gill Brar Finance Co. Registered resident of Village Jhandewala now residing at Village Dhalle Ke District Moga.
2. Gill Brar Finance Co. Head Office Taptej Singh Market, Moga now at Amritsar Road, Near Bus Stand, Moga.
………….. Respondents
Application under Section 27 of the
Consumer Protection Act, 1986.
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Coram: Sh.S.S.Panesar, President
Smt Vinod Bala, Member
PRESENT:
For the applicant : Sh.Jagdish Bawa Advocate Cl.
For the respondent : Gurmel Singh respondent in person
E.A. No. 2 of 2015 //2//
ORDER
(S.S.Panesar, President)
The present Execution Application has been filed by applicant under Section 27 of the Consumer Protection Act, 1986 (herein after referred to as the Act) for initiating penal action against the respondent for not complying and disobeying intentionally, knowingly and wilfully the order dated 30.09.2014 passed by this Forum.
2. Vide order dated 30.09.2014 passed by this Forum in C.C. No.88 of 2014, titled as Chand Singh Versus Gurmel Singh Gill & another, this Forum had allowed the complaint, operative part of the said order is reproduced as under :-
“The complainant is entitled to recover deposited amount of Rs.1,38,810/- alongwith interest @6% per annum from 31.12.2013 until final recovery. Since there is deficiency in service on the part of the opposite parties, therefore, the complainant is also entitled to compensation to the tune of Rs. 3,000/- ( Rs. Three thousand only). He is further entitled to get Rs.2,000/- (Rs. Two thousand only) on account of costs of litigation. The complaint stands allowed accordingly.
Compliance of this order be made within a period of thirty days from the date of receipt of its copy, Copies
E.A. No. 2 of 2015 //3//
of the order be sent to the parties free of cost immediately”
2. Upon notice of this Execution Application, respondent Gurmel Singh Gill had appeared before this Forum on 19.02.2015 and sought for adjournment for compliance of order. Accordingly the case was adjourned for compliance of the order for today. But till date neither compliance of the order was made by the respondent nor explanation has been given by respondent Gurmel Singh Gill for non-compliance of orders. The respondent is held guilty of wilful and intentional non-compliance of order of this Forum passed on 30.09.2014 and as such respondent Gurmel Singh Gill is liable to be punished under Section 27 of the Consumer Protection Act, 1986. Therefore, respondent Gurmel Singh Gill is sentenced to simple imprisonment for a period of one year alongwith a fine of Rs.5000/- (Rs.Five thousand only). File be consigned to the record room.
(Vinod Bala) (S.S.Panesar)
Member President
Announced in Open Forum.
Dated:08.07.2015.