Consumer forum cannot issue warrant of arrest: Cal HC

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.

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.

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.

The case arose out of an agreement for loan between a finance company and the loanee for purchase of a tractor in 2013.

The loanee failed to pay Rs 25,716 to the company for which it took possession of the vehicle.

Following this, the loanee filed a complaint before the consumer forum under the Consumer Protection Act.

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.

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.

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.

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.

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.

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.