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AJOY KUMAR MUKHERJEE
Malay Bose – Appellant
Versus
Susmita Saha – Respondent
JUDGMENT
The petitioner herein has assailed order dated 04.09.2025 and 03.11.2025 passed by the State Consumer Dispute Redressal Commission West Bengal, (hereinafter called as Commission) in connection with an execution proceeding arising out of consumer complaint case. In the order dated 04.09.2025., the said commission refused to place reliance on the medical documents, as it does not bear LTI of the patient/petitioner and therefore issued fresh warrant of arrest against the petitioner fixing 3rd November, 2025 for further order.
2. On 3rd November, 2025 the judgment debtor No.2/petitioner herein was brought under arrest by the strength of aforesaid warrant of arrest and the commission observed as follows:—
“It appears that the execution and registration of deed of conveyance has not been executed. Furthermore, the matter of payment for compensation, cost and refund money are yet to be done.
The Ld. Advocate for the custody accused urged for enlarging him on bail but we think if the J. Dr. is enlarged on bail, it would frustrate the purpose of execution application.
Having such observation, the bail prayer is rejected. The J. Dr. be remanded to presidency Central Correctiona
Execution of award – Section 71 and Section 72 of Consumer Protection Act, 2019 are mutually exclusive and constitute independent remedies – Decree holder can avail any of them at his will.
The main legal point established in the judgment is that Section 25 of the Consumer Protection Act provides the specific procedure for enforcement of orders of the Forum/Commission by recovery of mon....
(1) Judgment Debtors did not comply with the order of the State Commission and failed to personally appear before the State Commission, except once.(2) Judgment Debtors repeatedly approached this Com....
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
Appeal Execution – The impugned Order against which the present Appeal Execution has been filed cannot be termed to be an Order passed under Section 17 of the Consumer Protection Act, 1986 at all.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
Illegal Decree - The Judgment Debtor cannot take the ground before the Executing Court or before National Commission in Appeal Execution that the decree dated 24.05.2018 is illegal.
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