Consumer protection Act, 1986 – Section 27 – Power to impose the penalties – Empowers the authorities to pass an order to punish a person with imprisonment for a term which shall not be less than one month but which may extend to three years or with a fine, in case a trader or a person against whom the complaint is made, fails or omits to comply with any order passed by the authorities – Complainant deposited the money with the society and society had not repaid the amount with interest, as assured – Application under Section 27 filed by showing the appellant as Secretary of the society – Order of imprisonment passed by the District Forum – No order is passed against the appellant herein by the District Forum in its individual capacity – Appellant was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability imposed on the appellant, the appellant is to be imprisoned under Section 27 of the Act is doubtful – Prima facie, we are of the view that for the default committed by the society no order for imprisonment can be ordered against the appellant herein – Order of District Forum to the extent of imprisonment of the appellant herein suspended – Matter remanded.
Read here 2018 PLRonline 1204
