The execution of orders by a Consumer Forum must comply with statutory procedures under the Consumer Protection Act.

Mr. Moyukh Mukherjee Mr. Rajdeep Das Mr. D. Gupta Ms. Sharmistha Basak Ms. Sagarika Banerjee …..For the Petitioner This revisional application has been filed with a prayer for setting aside the order No.20 dated 14.07.2025 passed by the West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri in connection with Execution Application No.EA/4 of 2023 arising out of Consumer Complaint Case No.CC/2/2022 under the Consumer Protection Act, wherein learned Commissioner issued a non-bailable warrant of arrest against the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that the Hon’ble Member of the learned State Consumer Forum passed an order on 29th September, 2023 directing all the opposite parties including the petitioner to pay a sum of Rs.13,35,762/- alongwith interest @ 9% per annum to the complainant from the date of maturity till the date of reimbursement. They were further directed to pay a sum of Rs.4,00,000/- towards mental pain and agony to the complainant along with litigation cost of Rs.25,000/- and the order was to be complied with within 45 days from the date of the order.

Learned counsel appearing on behalf of the petitioner has submitted that particular order dated 29th September, 2023, was put into execution being No. EA/4 of 2023 wherein learned Forum pried into the track of Section 72 by issuing warrant as well as by sending the petitioner to the Jalpaiguri Central Jail.

Learned counsel appearing on behalf of the petitioner has referred to the provisions of Section 47 and Section 71 of the Consumer Protection Act, 2019 and submits that order passed by the Consumer Forum can only be executed through the procedure prescribed under the provisions of Section 71 of the Consumer Protection Act, 2019 .

It is further submitted that Section 72 is prescribed for trial of the offences by exercise of power of Judicial Magistrate of First Class and according to the provisions of Section 72 (3), the offence has to be tried summarily by the Forum.

That apart, learned counsel appearing on behalf of the petitioner has referred to the observations of the Coordinate Bench in CRR 4672 of 2022, CRR 2955 of 2022 as well as CRR

1499 of 2024.

It is submitted that to execute the order passed under Section 47 , the Forum shall have to follow the procedure prescribed under Section 71 of the Act. In the same manner as if it were a decree made by a Court in a suit under the provision of Order XXI of the First Schedule to the Code of Civil Procedure, 1908.

Having heard the learned counsel appearing on behalf of the petitioner, I find a strong arguable case in favour of the petitioner and accordingly, the revisional application stands admitted.

Petitioner is directed to serve notice upon the opposite party no.1/State through the office of the learned Additional Public Prosecutor, High Court and also upon the opposite party no.2 through Speed Post with acknowledgement due and file an affidavit of service on the returnable date.

Learned counsel appearing on behalf of the petitioner has also prayed for stay of the order impugned, dated 14.07.2025 passed by the West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri in connection with Execution Application No.EA/4 of 2023 arising out of Consumer Complaint Case No.CC/2/2022 as well as for releasing the petitioner from the Judicial custody, Jalpaiguri Central Jail, otherwise the very purpose of filing of the revisional application shall stand frustrated.

Considering all the facts and circumstances, the proceeding in connection with order dated 14.07.2025 passed by the West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri in connection with Execution Application No.EA/4 of 2023 arising out of Consumer Complaint Case No.CC/2/2022 be stayed for a limited period only i.e. till one week after the ensuing Puja Vacation, 2025 or until further order, whichever is earlier.

Considering all the fa