Sri Biswa Priya Giri / Jdr. is produced from Dumdum Central Correctional Home, Kolkata.
Dhr. is absent without any steps. Dhr. is also found absent on previous dates also.
Jdr. files a petition stating inter alia that he has been detaining in Jail more than two (2) years. So, he is not in a position to pay the balance amount awarded in C.C. no.54 of 2013. So, he is pleading guilty and also praying for imposing penalties according to law upon him.
Jdr. Sri. Giri stated before us also that he is pleading guilty and prays for imposition of penalty as per provision of Consumer Protection Act for non-payment of balance awarded amount, as such he has filed application stating said fact pleading guilty.
Jdr. also submitted before us that he has paid Rs.20,000/- (Twenty thousand) out of awarded amount to the extent of Rs.81,000/- (Eighty One thousand).
Heard the Jdr. Perused the petition. It appears from the copy of Judgement dated 29-11-2013 passed in C.C. No.54 of 2013 that total amount of Rs.81,000/- was awarded directing O.P. no.1 i.e. this Jdr. Sri Biswa Priya Giri, Managing Director of URO AGRO INDIA LTD., Jamini Tower, 2nd Floor, DN – 13, Sector – V, Salt Lake, P.S. – Electronics Complex, Kol – 91 to pay the same to the Complainant within two (2) months.
It also reveals from Order no.19 dated 17-06-2015 that Rs.20,000/- was paid out of awarded amount of Rs.81,000/- . so, we find that Rs.61,000/- (Sixty One thousand) along with it’s interest @ 9% p.a. is still due and to be paid by this Jdr. to Dhr.
It also reveals from Order no.19 dated 17-06-2015 that this Jdr. was produced on the basis of production warrant in connection with this case before this Forum on 17-06-2015.
In view of the above facts & circumstances and the detention of this Jdr. since 17-06-2015 in connection with this case and the Jdr. has expressed his inability to pay the balance awarded and as he was voluntarily pleading guilty and praying for imposition of penalty we find no impediment to allow the petition filed by the Jdr. after holding that Jdr. / Sri Biswa Priya Giri has failed to comply with the order as made in Judgement dated 29-11-2013 passed by this Forum in connection with C.C. no.54 of 2013. So, we are inclined to
impose penalties as per section 27 of Consumer Protection Act, 1986 upon Jdr. / Sri Biswa Priya Giri.
Hence, it is
Ordered
That the petition filed by the Jdr. Sri Biswa Priya Giri this day to plead guilty is hereby allowed.
Pleading guilty of Jdr. / Sri Biswa Priya Giri is Accepted and we are inclined to impose penalties as per section 27 of the Consumer Protection Act, 1986 on the basis of petition filed by Jdr. this day.
Considering the detention of the Jdr. in connection with this case since 17-06-2015 and other materials on records we are inclined to impose penalties as mentioned below for failing this Jdr. to comply with the order / award passed in connection with C.C. no.54 of 2013 as per section 27 of Consumer Protection Act, 1986.
Hence, this Jdr. is hereby sentenced to suffer SIMPLE IMPRISONMENT FOR ONE YEAR AND SIX MONTHS and Jdr. is also further sentenced to pay fine of Rs.10,000/- (Ten thousand) i.d. Simple Imprisonment for two (2) months.
Detention of this Jdr. in connection with this case shall be set off as per provision of section 428 of C.R.P.C.
Thus this E. A. no.32 of 2013 arising out of C.C. no.54 of 2013 is hereby disposed of.
Let a copy of this Order along with WARRANT OF IMPRISONMENT be sent to the concerned Superintendent / Controller, Dumdum Central Correctional Home, Kolkata – 28, West Bengal at once.
Let a plain copy of this Order be also given to Jdr. / Sri Biswa Priya Giri free of cost.
