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2009 Supreme(Kar) 640
High Court of Karnataka
THE HONOURABLE MR. JUSTICE SUBHASH B. ADI
Roopa – Appellant
Versus
Vijaya Kumar & Another - Respondent
Criminal Petition No.4267 of 2009
Decided on : 01-09-2009
For the Petitioner:I. Tharanath Poojary, Advocate.
Headnote:CODE OF CRIMINAL PROCEDURE, 1973 - Section 482: [Subhash B. Adi,J] Complaint under Consumer Protection Act, 1986 - Issue of non-bailable warrant by District Consumer Redressal Forum against Petitioner - Petition seeking setting aside of non-bailable warrant issued against him - Contention that procedure prescribed under Section 27 of the Consumer Protection Act was not followed - Court observed that if petitioner is directed to appear before Consumer Forum on a particular date, it would suffice purpose for which NBW was issued. Accordingly, writ petition was allowed.
1. The petitioner has sought for setting aside the order dated 19-08-2009 in E.P. No. 68 of 2009 on the file of the Dakshina Kannada Consumer Disputes Redressal Forum, Mangalore.
2. It appears, the decree-holder before the Consumer Forum had filed an execution petition for execution of the decree. In this regard, the matter was posted on 19-08-2009. Since the petitioner had not appeared in the case, the Presiding Officer of the district Consumer Redressal Forum had issued non-bailable warrant through Superintendent of Police. Act this stage, the petitioner is before this Court.
3. Learned Counsel for the petitioner submits that before issuing NBW, the Presiding Officer is required follow the procedure contemplated under Section 27 of the Consumer Protection Act, 1986 and the said procedure is not followed. However, he also submits that the petitioner herein would appear before the Consumer Forum on the date fixed by this Court to avoid unnecessary delay in the matter.
4. Considering the submission made by the learned Counsel for the petitioner, if the petitioner is directed to appear before the Consumer Forum on a particular date, it would suffice the purpose for which, the NBW is issued. Accordingly, the petition is allowed and the order dated 19-08-2009 in E.P. No. 68 of 2009 is set aside subject to the petitioner appearing before the Consumer Forum on 4th September, 2009.
