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2005 Supreme(Ker) 483

RAJEEV GUPTA, K.S.RADHAKRISHNAN
Mary Chacko – Appellant
Versus
Jancy Joseph – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Whether a woman can be arrested in execution of an order passed under section 27 of the Consumer Protection Act, 1986 is the question that has come up for consideration in this case.

2. O.P.No.740 of 1993 was filed by the fourth respondent in the original petition herein before the Consumer Disputes Redressal forum, Ernakulam (for short "Forum") against the writ petitioner and others for recovery of an amount of Rs.45,000/- in all which was due to her. Writ petitioner and others were partners of a firm engaged in money lending business. The Forum passed an order on 10.2.1995 directing the writ petitioner and others to pay Rs.65,768.87 with interest at the rate of 12% per annum on the principal sum of Rs.45,000/- from 15.6.1989 to 12.4.1992 and thereafter on the total amount of Rs.65,768.87 and also Rs.300/- as costs within one month. Amount was not paid, consequently E.P.No.155 of 1995 was filed before the Forum for execution of the order. First opposite party before the Forum resisted the petition stating that she has no means to pay and that a woman cannot be arrested in execution for non-payment of the amount. Forum rejected the petition and dire









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