Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Consumer Protection Act, 1986: s. 27 – Penalties – On facts,allegation of the complainant that he had deposited the money withthe Employees Co-operative USE Thrift and Credit Society andSociety did not repay the amount with interest, as assured –Application u/s. 27 by the complainant against the appellant-Secretary of the society – District Forum passed an order ofimprisonment against the appellant – In appeal , the StateCommission passed an interim order staying the operation of theorder of the District Forum, subject to the appellant depositing theentire amount – Said order upheld by the National Commission –On appeal, held: No order was passed against the appellant by theDistrict Forum in its individual capacity – Appellant was shown asSecretary of the Society during the relevant period – Prima facie,for the default committed by the society, and in absence of anypersonal liabili ty imposed on the appel lant , no order forimprisonment u/s. 27 of the Act could be ordered against theappellant – On filing these appeals, interim order granting stay ofarrest was passed and the said order continued from time to time –Thus, the order of the District Forum to the extent of imprisonmentof the appellant, during the pendency of the appeal preferred bythe society before the State Commission, is suspended – StateCommission to consider the plea whether the appellant can beimprisoned or not in absence of any order by the District Forumimposing personal liability on the appellant. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2018 INSC 1209 |
Petitioner | H.k. Singla |
Respondent | Avtar Singh Saini & Ors. |
SCR | [2018] 14 S.C.R. 1223 |
Judgement Date | 2018-12-14 |
Case Number | 11696 |
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