S. R. Singh, J. - (1.) This petition is directed against the order dated 17.7.98 passed by the Civil Judge (Junior Division). Allahabad in Execution Case Wo. 2 of 1998, Mahendra Kumar Tripathi v. Allahabad Development Authority, Allahabad, and the order dated 29.4.98 passed by the District Consumer Forum. Allahabad in Case No. 37 of 1996 besides the order dated 14.5.98 of the Consumer Disputes Redressal Commission, U. P. (in short the State Commission).
(2.) The facts wrapped in brevity are that the respondent Mahendra Kumar Tripathi lodged a complaint with the District Consumer Forum. Allahabad for refund of the amount deposited by him for allotment of a plot in Shantipuram Housing Colony, Allahabad. The case was decided in favour of Mahendra Kumar Tripathi vide order dated 7.10.96 whereby the petitioner. Allahabad Development Authority, Allahabad was directed to return the respondent Mahendra Kumar Tripathi a sum of Rs. 1,54.320 within two months with interest at the rate of 18% per annum calculated with effect from 28.4.94 till the date of payment besides Rs. 100 as cost of the litigation. Appeal against the said judgment and order dated 7.10.96 is pending before Consumer Disputes Redressal Commission, U. P. (in short the State Commission), A conditional order of stay was passed by the Commission on 14.5.98 and notice of appeal has been issued to the respondent therein fixing 27.10.98.
(3.) It appears that the payment pursuant to the judgment dated 7.10.96 of District Forum was not made to the decree holder ; whereupon the latter moved the District Forum for appropriate action under Section 25 read with Section 27 of the Consumer Protection Act. 1986 (in short 'the Act'). The District Consumer Forum found the defendant-petitioner guilty of non-obedience of its order and accordingly by order dated 29.4.98 imposed punishment of six months' imprisonment besides fine of Rs. 5,000 and directed that the fine be realised and warrant be issued for enforcement of the order of punishment under Section 25 of the Act and for this purpose, a certificate was sent to the Civil Judge (Junior Division), East, Allahabad. In compliance of the said order dated 29.4.98 of the District Consumer Forum, the Civil Judge (Junior Division), Allahabad issued, vide order dated 17.7.98, warrant of attachment of official car of the Secretary, Allahabad Development Authority besides furnitures of his office with a direction superadded to it that after attachment of the car and furnitures, the same may be handed over to the supurdagi of Prabhari Nireekshak, Thana. Civil Lines, Allahabad. Besides the order of attachment of car and furnitures the learned Civil Judge (Junior Division), Allahabad directed issuance of warrant of arrest of petitioner No. 3. Secretary of Allahabad Development Authority, Allahabad.;