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Home CIVIL Consumer Protection Act

CPA – Execution – Petitioner not a party in the decree/award – Warrants set aside

by PLRonline
September 27, 2021
in Consumer Protection Act
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CPA S. 25 CPA S. 27

Consumer Protection Act, 1986,  Section 25, Section 27 – Petitioner not a party in the decree – State Commission tried to execute its order first by issuance of warrant of arrest against the petitioner who was not a party to the proceeding in which the final order was passed, and thereafter directed attachment of his own residential house with a further direction that, if he failed to surrender before the police, his house would be sold and the amount to be recovered as arrears of land revenue – Petitioner was not a party to the proceeding before the forum in the complaint case but the allegations of the complainant in the complaint case was against the company of which the petitioners was one of the Directors who had resigned in 2011 – Judgment debtor was a Company, the Commission proceeded with the execution of the final order through its Ex‐Director and issued a non‐bailable warrant of arrest – Order quashed and set aside .

2020 PLRonline 5005

Tags: CPA S. 25CPA S. 27
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Company can also be held guilty and sentence can be imposed. No immunity to the Companies from prosecution, merely because the prosecution is in respect of an offence, for which the punishment prescribed is imprisonment and fine or fine, or both. However the same shall be limited to a fine only.

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CPA S. 27 –  No order is passed against the appellant in its individual capacity who was shown  as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .
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CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown  as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .

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