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2006 Supreme(Ker) 458

KURIAN JOSEPH
Raghavan – Appellant
Versus
The District Forum for Consumer Disputes Redressal – Respondent


Judgment :-

Whether a person can be punished a second time with fine or imprisonment or with both for the same offence of non-compliance with the orders passed by the District Forum/Commissions under Section 27 of the Consumer Protection Act, 1986 is the issue arising for consideration in this case.

2. Two modes of implementation of the orders under the Act are provided, under Section 25 by attachment of the property/revenue recovery and under Section 27 by way of punishment either with fine or with imprisonment or with both. Sections 25 and 27 read 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










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