Hon’ble Mr. Ajeya Matilal, Presiding Member

Appellant and Respondent No. 1 are present through their respective Ld. Counsels.

Today is fixed for final hearing of the appeal.

The appeal is taken up for hearing.

Being aggrieved by and dissatisfied with the order no. 2 dated 26.11.2018 passed by the Ld. DCDRC, Unit—I in Execution Case being no. 185/2018 issuing non-bailable warrant of arrest against JDr Nos. 2, 5, 6, 7 and 8 fixing 27.12.2018 as date next, the JDr No. 2 preferred this appeal.

The Ld. Counsel for the Appellant submitted that the Ld. Commission below did not issue this warrant of arrest following the established procedure of law.

He drew our attention to Section 25 of the Consumer Protection Act, 1986 runs as follows:-

“[Enforcement of orders of the District Forum, the State Commission or the National Commission.-1) Where an interim order made under this Act is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.

2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.

3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission may issue a certificate for the said amount to the collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.]”

Ld. Advocate for the Appellant submitted that the Ld. Commission below did not follow the procedure of attachment of properties of the JDr as specifically mentioned in the sub-sections (2) and (3) of the aforesaid Section. According to him, without invoking Section 25 of the aforesaid Act, the Ld. Commission below proceeded under Section 27 of the Consumer Protection Act. According to him the Ld. Commission below should have issued bailable warrant of arrest instead of non-bailable warrant of arrest against the JDr.

Section 27 of the Act prescribes for attachment and penalty for non-compliance of order passed by Ld. District Commission, State Commission or National Commission as the case may be. But, in that case also there is an established procedure asking the JDr to appear and showing cause. But, according to the Ld. Counsel for the Appellant, such procedure under Section 27 was not followed by the Ld. Commission below.

In reply, Ld. Counsel for the Respondent No. 1 submitted that the judgment was passed on 27.04.2018 in connection with Complaint Case no. 360/2016 and the said judgment was communicated to the authority but the authority did not comply with the direction of the Ld. Commission below. So, the Complainant/DHr filed an execution application after four months. According to him, although the DHr applied before the One Man Committee, the other depositors appeared before One Man Committee under the Hon’ble Justice S.P Talukdar.

So, having regard to the submissions made by the parties and position of law discussed above, we are of the view that the impugned order cannot be sustained.

Accordingly, order no. 2 dated 26.11.2018 issuing of non-bailable warrant of arrest against the JDr No. 2 is set aside.

The parties are directed to appear before the Ld. DCDRC, North 24 Parganas at Barasat on 19.12.2024.

Ld. Commission below is requested to dispose of the Execution Application being no. 185/2018 in accordance with law after giving an opportunity to both sides of being heard without being influenced by any order made by this Court.

Order of interim Stay, if there is any, stands vacated.

Let a copy of this order be sent down to the Ld. Commission below.

The Appeal being no. 1003/2018 stands disposed of.

Note accordingly.