- (1.) The petitioner is aggrieved by an order dated August 20, 2019 passed by the learned, West Bengal State Consumer Disputes Redressal Commission Kolkata in EA 1 of 2016, arising out of CC 65 OF 2014. The learned Commission directed attachment of the house of the petitioner and if the petitioner did not surrender before the police, a certificate would be issued to the District Magistrate for sale thereof. The learned Commission had, by a previous order, issued a non"? bailable warrant of arrest against the petitioner.
(2.) The learned Commission came to the conclusion that unless and until the petitioner's personal property, that is, his residential house was attached, the order of the learned Commission could not be executed. It was further may direct that if the petitioner did not surrender before the police authorities, a certificate should be issued to the District Magistrate to recover the amount decreed by the final order in the same manner as arrears of land revenue.
(3.) The jurisdiction of this Court under Article 227 of the Constitution of India has been invoked on the ground that the learned Commission did not have any power under the law to either issue a non "?bailable warrant of arrest in the process of execution of a final order or issue an order of attachment, in execution of the final order. Thus, the revisional application has been entertained. Moreover the order impugned had been passed in an execution proceeding, from which no revision will lie before the National Commission as the dispute between the parties had been finally determined and there was no pending dispute. It appears from the records that the petitioner was not a party to the proceeding before the learned Tribunal 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. The company was the opposite party No.2/judgment debtor. A Final order was passed against the Company. As the 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. Thereafter the order impugned was passed. The provisions relating to execution of the order of District Forum, the State Commission or the National Commission are provided in Sections 25 and Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as the said Act). "Sections 25 and 27 subsequent to the amendment with effect from March 15, 2003 are as follows:- ? "25. Enforcement of orders of the District Forum, the State Commission or the National Commission.-- (1) Where an interim order made under this Act, is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached. (2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non"?compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto. (3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue. 27. Penalties.-- (1) Where a trader or a person against whom a complaint is made or the complainant fails or omits 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 extend to three years, or with fine which shall not be less than two thousand rupees but which may extend 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 a 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 (2 of 1974). (3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.";