Consumer Protection Law

Janak Raval (Querist) 12 January 2011 This query is : Resolved
Hi...Folks
Need a help in respect of following mattre.

Is to possible by court or cometent authority to provide the verdict as a imprisonment of so & so year to the accused in the question of Consumer Protection matter ?

Thanks & Best Regards

Adv JANAK RAVAL.

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SAANJAAY GUPTAA (Expert) 12 January 2011
yes, Court and authority of consumer protection has power to punish for imprisonment.

Parveen Kr. Aggarwal (Expert) 12 January 2011
Section 27 of the Consumer Protection Act, 1986:

"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 thousands 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."

Advocate Bhartesh goyal (Expert) 12 January 2011
Yes, Under Sec 27 of Consumer Protection Act,Consumer courts have power to punish a person with imprisonment and fine who disobey or not comply the order of court.