<p>Kolkata: The Calcutta High Court has held that a consumer forum cannot issue a warrant of arrest in an execution proceeding, and may only order detention in civil prison.</p>.<p>Passing a judgment on an application challenging a District Consumer Disputes Redressal Forum order by which a warrant of arrest was issued against the petitioner, Justice Suvra Ghosh held that the law does not authorise the forum to issue such a warrant under the Criminal Procedure Code for enforcement of its order.</p>.<p>Justice Ghosh quashed the warrant of arrest passed against the petitioner, holding that it is outside the scope of the provision laid down in the Consumer Protection Act.</p>.<p>The case arose out of an agreement for loan between a finance company and the loanee for purchase of a tractor in 2013.</p>.<p>The loanee failed to pay Rs 25,716 to the company for which it took possession of the vehicle.</p>.<p>Following this, the loanee filed a complaint before the consumer forum under the Consumer Protection Act.</p>.<p>The loanee sought a direction upon the respondent to hand over the registration certificate of the tractor, and also release the vehicle in his favour.</p>.<p>The forum had directed the respondent to hand over the registration certificate of the tractor, after receiving the due amount from the complainant to the tune of Rs 25,716.</p>.<p>An execution case was filed by the private opposite party and a warrant of arrest was issued by the commission against the petitioner via an order dated December 13, 2019.</p>.<p>Justice Ghosh said the legal issue involved herein is as to whether the consumer forum has the authority to issue a warrant of arrest against the petitioner in the execution proceeding.</p>.<p>He said that a coordinate bench of the high court had in 2022 held that in an execution application, the commission cannot issue a warrant of arrest in enforcement of its order.</p>.<p>It had held that the forum can issue a warrant for detention of the judgment debtor in civil prison in accordance with the provision laid down under the Code of Civil Procedure.</p>
<p>Kolkata: The Calcutta High Court has held that a consumer forum cannot issue a warrant of arrest in an execution proceeding, and may only order detention in civil prison.</p>.<p>Passing a judgment on an application challenging a District Consumer Disputes Redressal Forum order by which a warrant of arrest was issued against the petitioner, Justice Suvra Ghosh held that the law does not authorise the forum to issue such a warrant under the Criminal Procedure Code for enforcement of its order.</p>.<p>Justice Ghosh quashed the warrant of arrest passed against the petitioner, holding that it is outside the scope of the provision laid down in the Consumer Protection Act.</p>.<p>The case arose out of an agreement for loan between a finance company and the loanee for purchase of a tractor in 2013.</p>.<p>The loanee failed to pay Rs 25,716 to the company for which it took possession of the vehicle.</p>.<p>Following this, the loanee filed a complaint before the consumer forum under the Consumer Protection Act.</p>.<p>The loanee sought a direction upon the respondent to hand over the registration certificate of the tractor, and also release the vehicle in his favour.</p>.<p>The forum had directed the respondent to hand over the registration certificate of the tractor, after receiving the due amount from the complainant to the tune of Rs 25,716.</p>.<p>An execution case was filed by the private opposite party and a warrant of arrest was issued by the commission against the petitioner via an order dated December 13, 2019.</p>.<p>Justice Ghosh said the legal issue involved herein is as to whether the consumer forum has the authority to issue a warrant of arrest against the petitioner in the execution proceeding.</p>.<p>He said that a coordinate bench of the high court had in 2022 held that in an execution application, the commission cannot issue a warrant of arrest in enforcement of its order.</p>.<p>It had held that the forum can issue a warrant for detention of the judgment debtor in civil prison in accordance with the provision laid down under the Code of Civil Procedure.</p>