Exemptions to be claimed under sec 72 of cpa
Querist :
Anonymous
(Querist) 11 June 2025
This query is : Resolved
We received above notice from consumer forum. Order was passed about 2 years back. Now we are ready to pay the claimed amount. Our business was running under loss for 3 years. Can we claim this under exemption during our defence.
T. Kalaiselvan, Advocate
(Expert) 11 June 2025
If there is an execution petition pending then you may approach the concerned consumer commission and express your willingness to pay the judgment debit amount, the court may pass orders accordinlgy.
Querist :
Anonymous
(Querist) 11 June 2025
EP has not been filed. Directly they filed under sec 72
T. Kalaiselvan, Advocate
(Expert) 12 June 2025
Section 72 of the Consumer Protection Act, 2019 addresses penalties for failing to comply with orders issued by consumer redressal bodies like the District Commission, State Commission, or National Commission. Non-compliance can lead to imprisonment, fines, or both, and the commissions are empowered to act like first-class Judicial Magistrates for these trials, which are tried summarily.
You can pay the amount awarded by the Consumer Commission under Section 72 of the Consumer Protection Act, 2019.
By paying the awarded amount, you demonstrate compliance with the Consumer Commission's order, which is the most effective way to avoid the potential penalties.
If a Commission orders you to pay a certain amount for a deficiency in service, you would typically pay that amount to comply with the order
Dr. J C Vashista
(Expert) 12 June 2025
Since no EP has so far been filed no penalty can be imposed by adjudicating Consumer Commission u/s 72 of the Consumer Protection Act, 2019 which provides:
Section 72 of the Consumer Protection Act, 2019 outlines the penalties for failing to comply with an order made by the District Commission, State Commission, or National Commission. It specifies imprisonment for at least one month and up to three years, a fine of at least 25,000 rupees and up to 1 lakh rupees, or both. The Commissions also have the power of a first-class Judicial Magistrate to try these offenses.
