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| State Consumer Commission decides execution petition | | OP Debtor to undergo two and half years SI | |
Early Times Reporter
Jammu | Mar 12
In a significant judgment of public interest, the State Consumer Commission, headed by Justice (Retd) G D Sharma, disposed off the execution petition filed by Lt. Col Niranjan Kour w/o Lt. Col Parveen Singh of Narwal Singh s/o Kirpal Singh of Nanak Nagar Jammu who was punished under Section 21 of the Jammu and Kashmir Consumer Protection Act 1987 and sentenced to undergo simple imprisonment for a term of two and a half years.
The facts of the case are that the petitioner/ decree holder Lt. Col Niranjan Kour had filed a complaint alleging therein that she was lured by the OP Judgment debtor to make deposits with his Finance Company titled Khalsa Traders in order to earn an attractive interest. She opened her account in the company with an assurance that she would be refunded the principal amount along with 2 per cent interest per month. When she approached the OP/Judgment to refund her the deposited amount, OP refused to make the payment, forcing the complainant to file an appeal. However, vide order dated March 31,2003 the complaint was allowed and complainant was held entitled to the refund of Rs.30,29,546 as was reflected by the OP debtor in the passbook on March 2,2003 along with 9 per cent interest with effect from March 3,2000 till the amount was finally paid. The judgment debtor failed to make any payment and had absconded from the place of his residence and in another complaint which was filed by her husband Lt. Col Parveen Singh Raina, his presence was secured from Mumbai and had been lodged in the judicial custody to face these proceedings.
The Commission held that words employed in Section 21of the Consumer Protection Act clearly shows that if a trader or a person against whom a complaint is made fails or omits to comply with any order made by the Divisional Forum or the State Commission, such a trader or a person shall be punishable with imprisonment for a term which shall not be less than one month but may extend to three years or with fine.
The Commission ordered that in the backdrop of the facts and the circumstances of the case the OP/Judgment debtor is sentenced to undergo simple imprisonment for a term of two and a half years. The Commission held that the Judgment debtor is not entitled to put up a claim of any period as being treated as a period for set off for his conviction and sentence because he has undergone the conviction and sentence independently in the execution petition No 252/2006-2003. The Commission ordered that the official shall issue warrant of his commitment in the District Jail Jammu and the execution petition be consigned to the records. However, the complainant decree holder can file a fresh execution petition in case it will become permissible under law on the facts and the circumstances, the Commission observed.
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