There is a very strong mechanism laid down for enforcement of orders passed by a Consumer Court. The power to punish and imprison a defaulter, is a strong tool available to Consumer Courts to get the orders implemented.
Enforcement of Orders (Sec. 25)
Enforcement of orders of the District Forum, the State Commission or the National Commission. (1) Where an interim order made under this Act, is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
- No attachment made under sub-Section (1) shall remain in force for more than three months at the end of which, if the noncompliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
- Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be and such District Forum or the State Commission or the National Commission may issue a Certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
Penalties (Sec. 27)
Every trader or a person against whom an order is made, is bound to comply with the order of the District Forum, State Commission or the National Commission, as the case may be. If a trader or a person fails to comply with the order, he shall be punishable as under :
(i) with imprisonment for a minimum duration of one month and
maximum of 3 years; or
(ii) with minimum fine of Rs. 2,000 and maximum of Rs. 10,000; or
(iii) both, with imprisonment and fine as mentioned above.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the First Class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the First Class for the purpose of the Code of Criminal Procedure, 1973.
All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.
