In today’s article we will know that “What happens if the orders of the Consumer Forum / Consumer Commission / Consumer Court are not complied with?”
Consumer – He consumes and uses some thing on a daily basis to every person. Some of these consumption and use goods have to be taken from the market, for which fixed prices have to be paid. If a consumer buys an item from the market, then he should be assured that the item he is taking for use and consumption is determined at his standard in terms of quality and safety.
In 1986, for the protection of consumers consumer protection act 1986, was passed. The main objective of this act is :-
- Emphasizing the interests of consumers,
- protect consumers,
- Providing rights to consumers for their protection,
- To set up consumer commissions up to the district, state and national level for complaints by the aggrieved consumer,
- To take action to settle the dispute arising between the dealer or the service provider and the consumer,
- To provide complete and fair justice to the aggrieved consumer,
- There is also a provision of penalty if improper or safe mall or service is provided by the trader or the person providing the service.
- Other provisions having special regard to the interest and safety of the consumer.
These are some of the objectives of the Consumer Act, but the main thing is, What will happen if you do not comply with the order of the Consumer Commission?
Then we will know this in detail.
What will happen if the order of the Consumer Commission is not complied with?
If the goods and services availed by the consumer do not meet their standards or the consumer has suffered any kind of damage from that goods or services, and the consumer has informed the manufacturer and the service provider of the damage caused by that goods or services, If that damage is not resolved, a consumer dispute arises between the manufacturer of the goods or the service provider. For the settlement of such dispute and to get justice, a complaint is filed by the consumer at the Consumer Forum (District, State, National Forum) under Section 12 of the Consumer Act.
An order is passed by the consumer forum in favor of the consumer and against the trader or any person, and such order is not complied with by the person against whom it is concluded after hearing both the parties by the consumer forum. If the order has been passed, then in whose favor the order is passed, a written application in this regard before the Forum, under the Consumer Forum Act. Section 25 and Section 27 Under this, action can be taken against those who do not comply with the order.
let’s go What does section 25 and section 27 say?
1. Section 25 of the Consumer Protection Act 1986 Enforcement of orders of District Bench, State Commission or National Commission.
Under sub-section 1 of section 25, where an interim order made by the District Bench, State Commission or National Commission under this Act (Consumer Protection Act 1986) is not complied with by the person to whom such order is to be complied with, The District Bench, the State Commission or the National Commission, as the case may be, shall punish the person for non-compliance of such order. property attachment can order.
2. What will be the period of attachment?
For non-compliance under section 25 sub-section 2, the order of attachment shall not remain in force for a period of more than three months. If compliance continues, the attached property may be sold and out of the proceeds of the attachment, the District Bench, the State Commission or the National Commission, which has ordered the attachment, shall pay such damages as it thinks fit to the complainant. and pay the balance, if any, to the party entitled thereto.
3. Where any amount under sub-section 3 of section 25 is to be recovered from any person under any order passed by the District Bench, State Commission or National Commission, as the case may be, the person entitled to that amount, as the case may be may make an application to the District Bench or the State Commission or the National Commission and such application may be made by the District Bench, the State Commission or the National Commission, to the Collector of that district a certificate for the said amount and that Collector as an arrear of land revenue. shall proceed to recover the amount in the same manner.
2. Section 27 Penalty of Consumer Protection Act 1986.
1. Under sub-section 1 of section 27, where any dealer or person against whom the complaint has been made or the complainant, as the case may be, fails to comply with any order made by the District Bench, the State Commission or the National Commission, or does not, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month and with imprisonment for a term which may extend to three years, or with fine which shall not be less than Rs.2000, with fine which may extend to Rs.10,000 or with both. will be punishable.
2. Who will order the fine?
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 under sub-section 2 of section 27, the District Bench, the State Commission or the National Commission, as the case may be, shall have the power of a Magistrate of the first class to try the offenses under this Act. The District Bench, State Commission or National Commission, as the case may be, to whom the powers are so conferred, shall be deemed to be a Magistrate of the first class for the purposes of the Code of Criminal Procedure, 1973.
Under sub-section 3 of section 27, all sections under this Act may be tried summarily by the District Bench, the State Commission or the National Commission, as the case may be.