JOSE PHILIP Vs. SATISH NAMBISAN

JUDGEMENT

(1.) This Revision Petition is filed by the degree holder in O. P. No.455/93 on the file of the District Forum, Alappuzha. The complainant filed an Execution Petition No.122/94 and an objection was filed by the opposite party stating that he had no means to pay the amount ordered. The complainant filed an affidavit stating that the opposite party has got sufficient means to pay the amount and the non-compliance of the order is willful and deliberate.

(2.) The District Forum acting upon the affidavit filed by the complainant stating that the opposite party has means passed an order stating that the non-compliance is willful and deliberate to avoid payment and ordered to issue a warrant for the arrest of the judgment-debtor.

(3.) The matter was taken before this Commission in R. P.36/95. We held that the order issued by District Forum does not appear to be one passed under Sec.27 of the Consumer Protection Act. We further held that under Sec.25, the order has to be executed as if it were a decree or order by a Court in a suit pending therein and while directing for arrest it is necessary to make an enquiry contemplated under Sec.51 and Order 21, Rules 37 to 40, CPC. In that view we set aside the order of the District Forum and remit back the matter to the District Forum for fresh disposal after making an enquiry as contemplated under Sec.51 and Order XXI, Rules 37 to 40, CPC. We also made it clear nothing stated in the above decision would affect the powers of the District Forum to pass orders under Sec.27 of the Consumer Protection Act.