State Consumer Disputes Redressal Commission
Vanlalremi vs H.Biakzuala on 7 June, 2005
MIZORAM STATE COMMISSION Appeal(A) A/03/2 Of 2003 Vanlalremi Complainant Versus H MIZORAM STATE COMMISSION Appeal(A) A/03/2 Of 2003 Vanlalremi Complainant Versus H.Biakzuala Respondent This is an appeal against the order dated 5.4.03 passed by the District
Forum, Lunglei in Consumer Case No.1 of 2002.
The respondent made a complaint that the District Forum should refund the amount of Rs.1.900/- which he deposited for L.P Gas connection complaining that the appellant never gave the gas connection nor did refund the deposited amount. Hence the respondent made a complaint to the District Forum and the District Forum after hearing the case passed the impugned order directing the appellant to refund the deposited amount of Rs.1,900/- with interest. We have perused the record and the memo of appeal. We do not find any ground to interfear with the decision arrived at by the District Forum. Even the appellant did not filed any written statement denying the contents in the complaint. Thus the appeal is to be rejected as there is no merit. But there is an interesting and important point in involvement in this case. The learned District Forum in the impugned order passed an order awarding a sentence of a simple imprisonment of 15 days. This portion of the Judgment cannot stand in the eye of law.
Section of the Consumer Protection Act, 1986 provides for imposition of penalty and the same reproduced below:
Section
27. Penalties :
(1) where a trader or a person against whom a complaint is made (or the complainant) fails or omit to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person (or complainant) shall be punishable with imprisonment for a term which shall not be less than one month but which may extent to three years, or with find which shall not be less than two thousand rupees but which may extent to ten thousand rupees but which may extent to ten thousand rupees or with both.
(2) Notwithstanding anything contained in the code of Criminal procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of Judicial Magistrate of the First Class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial magistrate of the First Class for the purpose of the Code of Criminal Procedure, 1973.
(3) All offences under this Act may be tried summarily by the District Forum or the National Commission, as the case may be.
Sub-Section (2) of the Act declares that the District Forum or the State Commission or National Commission as the case may be, shall have the power of a Judicial Magistrate of First Class for a trial of offences under this Act. But this power may be exercised only when such power are conferred. The power of Judicial Magistrate First class are conferred under the provision of the Criminal Procedure Code. Thus, until and unless such a power is conferred, the District Forum or State Commission or National Commission shall not have such power of Magistrate First Class. In our present case no such power has been conferred to any District Forum or the State Commission in the State of Mizoram. Thus the power which may be available in Section 27 of the Consumer protection Act, 1986 cannot be exercised. Against under Sub-Section (1) of Section 27 the punishment described may be imposed only when a trader or a person fails or omit to comply with the orders passed by the District Forum, State Commission or National Commission, as the case may be. The present case is not one for violating the Orders of the District Forum also.
Thus while upholding the order in portion of the Order of the learned District Forum regarding imposition stands set aside. Appeal is accordingly set aside. Appeal is accordingly disposed. Send copy of this Orders to all the District Forum in the State.