HIMACHAL PRADESH STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, SHIMLA
Honble Mr. Justice P.N. Nag, President;
Mr. I.D. Bali & Mrs. Krishana Tandon, Members
PARDEEP KUMAR KHURANA—Complainant
versus
WHEELS WORLD—Opposite Party
Execution Petition No. 8 of 1997—Decided on 17.4.1997
Counsel for the Parties :
For the Appellant :Mr. R.S. Verma, Advocate.
For the Respondent:Mr. S.R. Bansal, Advocate.
Headnote:Consumer Protection Act, 1986 - Sections 25 and 27 - Commission directed opposite party to pay Rs. 30,000/- as compensation to complainant with interest as also to pay interest at 18% per annum on price of car for non-delivery within one month of date of order - Orders not complied with by opposite party Execution petition by complainant for non-compliance of order under Section 25 - Notice issued to respondents for implementing order within fifteen days - No affidavit filed to show cause against notice ~ contention that no punishment can be awarded under Section 27 as in first instance order of Commission to be executed in same manner as if it were decree made in suit under Section 25 - Repelled - Not necessary that provisions of Section 25 should first be exhausted and only thereafter action can be taken under Section 27 - Contemner reluctant to implement order of Commission - Not advisable to persue remedy available under Section 25 - Further proceedings under Section 25 in pursuance order of Commission held in abeyance Proprietor of respondent awarded imprisonment for three months alongwith fine of Rs. 3,000/-.
Held: It is not necessary that the provisions of Section 25 of the Act should first be exhausted and only thereafter action can be taken by the Commission under Section 27 of the Act for awarding penalty against a consumer for non-compliance of the order.
(Para 8)
We accordingly order that further proceedings under Section 25 of the Act in pursuance of the order of this Commission dated 26-3-1997, for example auction, sale etc. shall be held in abeyance. The proceedings can be revived if the respondent fails to comply with the orders of the Commission after exhausting the remedy under Section 27 of the Act. (Para 11)
In the facts and circumstances of the case we are of the opinion that ends of justice would be met if the Proprietor of M/s. Wheels World, Mr. Rajesh Dewan is punished with imprisonment for a term of 3 months alongwith fine of Rs. 3.000/-. Accordingly, we hereby award to Mr. Rajesh Dewan, Proprietor of M/s. Wheels World - the respondent the punishment of imprisonment for a term of 3 months. He shall also pay a fine of Rs. 3,000/-. In case of default and failure to pay the fine, he will further undergo imprisonment for a period of 3 months. (Para 13)
Result: Ordered accordingly.
IMPORTANT POINT
Section 25 provides that the orders of District Forum, State Commission and National Commission shall be executed as they are decrees or orders of a court.
Mr. Justice P.N. Nag, President—This Commission in its order dated 18.11.96 passed the following orders:
"Accordingly, in the light of what is discussed above, we allow the complaint and direct the opposite party to pay Rs. 30,000/- in lump sum as compensation to the complainant for the loss of business as a medical practitioner and mental torture and agony he had to undergo for non delivery of the car with effect from 2.7.88 to 7.5.92 with 18% interest per annum. The opposite party is also directed to pay interest @ 18% per annum on the price of the car i.e. Rs. 82,000/- for non delivery of the car for aforementioned period. The above amount as directed to be paid shall be payable within one month of the date of this order. In case of default of payment within the stipulated period, the complainant shall further be entitled to interest @ 18% per annum of the amount so directed to be paid in terms of this order with effect from 18.11.96 till actual payment. The cost of Rs. 1,000/- is also awarded."
2. In the complaint, the complainant has prayed that the respondent, namely; M/ s. Wheels World would be directed to replace the Montana Car with a new one or to refund the amount which he had invested for the purchase of this Car with interest thereon.
3. In spite of the order dated 18.11.96 in Complaint No. 15 of 1991, the order was not complied with by the opposite party-M/s. Wheels World although it was stipulated in the order itself that the amount as awarded by this Commission shall be paid within one month from the date of the order i.e., by 18.12.96. Being aggrieved, the complainant filed execution petition for non compliance of the orders under Section 25 of the Consumer Protection Act, 1986 (hereinafter to be referred to as Act) and prayed that the property of the opposite party should be attached and sold in order to satisfy the decretal amount awarded by the Commission and on 26.3.97 we ordered that the property of the respondents mentioned in para 4 of the application shall be attached till further orders.
4. It may be noticed that on the last date of hearing we asked the learned Counsel for the opposite party to implement the order and the learned Counsel presumably under the instructions of his client submitted that the Commission could not pass such orders as the State Commission had no territorial jurisdiction although it was not open to him to raise such objection as the order had become final. Instead of compliance with the orders of this Commission, the attitude of the Counsel was of defiance and contemptuous. On 26.3.97 a notice under Section 27 of the Act, was issued to the Proprietor Mr. Rajesh Dewan of the respondents to implement the order within 15 days positively and in case of failure to do so, action under Section 27 of the Act would necessarily follow.
5. No affidavit has been filed by the opposite party to show cause against the notice. It has also not been shown as to why the orders have not been complied with and implemented within 15 days from the date of the order of this Commission.
6. Mr. Bansal, learned Counsel appearing for the owner of M/s. Wheels World, Mr. Rajesh Dewan submits that in pursuance of the orders of this Commission dated 26.3.97, one new Car has been attached and put to auction. However, no affidavit of Mr. Rajesh Dewan, the owner of the opposite party has been filed. Mere statement of the Counsel in this behalf, therefore, cannot be accepted. This statement on the face of it appears to be incorrect, as we have only ordered for attachment and not for auction and sale.
7. Mr. Bansal, learned Counsel for the contemner has however apart from reiterating his earlier stand that this Commission cannot pass any order as it had no territorial jurisdiction further submitted that no punishment can be awarded under Section 27 of the Act by the Commission as in the first instance the order of the Commission has to be executed in the same manner as if it were a decree or order made in suit un