Cons. forum president behaving as court
Vijay Kumar
(Querist) 06 November 2012
This query is : Resolved
There is specific prohibition in Consumer Protection Regulations that Consumer Fora shall not exhibit any feature of COURTS- through the sitting arrangement or day to day business.
The President of a DCF intimidates the public by asserting that IT IS COURT; and also uses the expression "Pronounced in open Court".
Does it attract any kind of civil or criminal action?
Devajyoti Barman
(Expert) 07 November 2012
No, it is not.
Whya re you so bothered about its conduct as long as it does not default in its functioning.
Hemant Agarwal
(Expert) 07 November 2012
Section 13 of the Consumer Protection Act, is reproduced below:
(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Conclusively, the Consumer Court is a deemed "Civil Court" and all the parameters pertaining to a civil court can be exercised, by the forum members.
Keep Smiling .... Hemant Agarwal
V R SHROFF
(Expert) 07 November 2012
It is civil court.
Guest
(Expert) 07 November 2012
The consumer forum is not different from a court. No civil or criminal action is called for in that case.
R.K Nanda
(Expert) 07 November 2012
consumer forum is not a court .
no civil or criminal action can be taken.
J K Agrawal
(Expert) 07 November 2012
Dear Learned friends
Section 13 (4) and (5) protects the forum just as civil courts but does not make it a 'civil Court'.
Hemant Agarwal
(Expert) 08 November 2012
Consumer Court ALSO has the rights to take Criminal Action against defaulters, as defined u/s 27 of the C.P.Act. (reproduced below)
CONCLUSIVELY, the Consumer Court, has the powers ALSO of a Magistrate and there is no need to separately go to a Magistrate's court, to intiate criminal proceedings (subject to various parameters.
27. Penalties. —
(1) Where a trader OR a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both:
(2) 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 (2 of 1974).
Keep Smiling .... Hemant Agarwal
Sudhir Kumar, Advocate
(Expert) 19 November 2012
what should be the doubt. Why he has to tell that "it is a court" it can happen only if there is unruly beheviour.
